B 


aia 


[i4li4i^il!ll|i.i!!liyili4lM 


FROJVTISPIECE. 

The  Constable  seizing  a  tobacco  taker. 


See  tlie  prohibition  of  tobacco  chewing,  page  96.     | 


THE  CODE 


OF 


a^i%4 


BEI.NO  ▲  COMflLATrON  OF  TH£  EARLIEST  LAWS  AND  ORDERS 
OF  THE 

GENERAL  COURT    OF  CONNECTICUT: 

ALSO,  THE 

CONSTITUTION,  OR  CIVIL  COMPACT, 

ENTERED  INTO  AND  ADOPTED  BY  THE  TOWNS  OF 

WINDSOR,  HARTFORD,  AND    WETHERSFIELD 

IN  ]  638-9. 

7'0  WHICH  IS  ADDED 

SOME  EXTRACTS   FROM  THE  LAWS  AND  JUDICIAL 
PROCEEDINGS  OF  NEW-HAVEN  COLONY 

COMMO.'fLT  CALLED 


HARTFORD 

PVBLISHED  BY  SILAS   ANDRUS. 

1830. 


DISTRICT  OF  CONNECTICUT,  ss. 

T  gT>E  IT  REMEMBERED,  That  on  the  first  day  of 
*  'J3  January,  in  the  forty-sixth  year  of  the  Indepen- 
dence of  the  United  States  of  America,  Silas  Andrus,  of 
the  said  district,  has  deposited  in  this  office  the  title  of  a 
book,  the  right  wliereof  he  claims  as  proprietor,  in  the 
words  following,  to  wit :  "  The  code  of  1650,  being  a  com- 
pilation of  the  earliest  laws  and  orders  of  the  General 
Court  of  Connecticut.  Also,  the  Constitution,  or  civil  com- 
pact, entered  into  and  adopted  by  the  towns  of  Windsor, 
Hartford  and  Wethersfield,  in  1638-9.  To  which  is  added, 
some  extracts  from  the  laws  and  judicial  proceedings  of 
New-Haven  colony,  commonly  called  blue  laws." 

In  conformity  to  the  act  of  the  Congress  of  the  United 
States,  entitled,  "  An  act  for  the  encouragement  of  learn- 
ing, by  securing  the  copies  of  Maps,  Charts  and  Books,  to 
the  authors  and  proprietors  of  such  cojiies,  during  the 
times  therein  mentioned." 

CHARLES  A.  INGERSOLL, 

Clerk  of  the  District  of  Connecticut. 
A  true  copy  of  Record,  examined  and  :=ealed  by  me, 
CHARLES  A.  INGERSOLL, 

Clerk  of  the  Di.sTrict  of  Connecticut. 


ADVERTISEMENT. 


The  following  sheets  contain  an  exact  copy  of  the  con 
stitution,  or  form  of  civil  government,  as  adopted  by  the 
towns  of  Windsor,  Hartford  and  Wethersfield,  and  the 
Code  of  1650,  as  confirmed  by  the  General  Court  of  Con- 
necticut. These  were  both  taken  from  the  original  re- 
cords remaining  in  the  office  of  the  Secretary  for  the  State. 
Much  time  and  accuracy  were  required  to  obtain  an  ex- 
act copy,  on  account  of  the  orthography,  and  particularly 
for  the  reason,  that  the  record,  in  some  parts,  was  nearly 
obUterated,  and  in  others,  totally  gone.  Other  parts  of 
the  record,  therefore,  have  been  resorted  to,  and  the  copy 
rendered  complete.  The  ancient  orthography  has  been 
accurately  preserved. 

This  small  volume  is  offered  to  the  public,  without  apo- 
logy or  comment :  nor  does  the  publisher  deem  it  neces- 
sary to  detail  the  reasons  whicli  induced  him  to  undertake 
the  publication.  Only,  suffice  it  to  say,  that  the  first  re- 
vision of  the  early  laws  of  Connecticut,  w^as  never  before 
printed.  Prior  to  the  revision  of  1672,  which  was  printed 
in  1675,  the  laws  and  orders  of  the  General  Court,  were 
promulgated  only  by  manuscript  copies.  They  were  re- 
corded in  the  public  records  of  the  court,  and  also  in  the 
town  records,  and  it  was  made  the  duty  of  the  constables 
of  the  several  towns,  to  publish  such  laws  as  should  be 
made  from  time  to  time,  and,  annually  to  read  the  capital 
laws  at  some  public  meeting. 

To  this  Code  may  be  traced  the  origin  of  almost  all  our 
civil  and  religious  institutions.  Oin-  ancestors  have  tlius^ 
in  a  great  measure,  transmitted  to  their  posterity  their  pre- 
sent customs,  manners,  and  civil  and  rehgious  o})inion». 
The  laws  were  few  and  sinjple,  yet  they  were  such  as  the 
exigences  of  the  commonwealth  required,  and  such  as 
may  be  supposed  to  exist  in  the  ijifancy  of  civil  gov«rn- 
menrst. 


AN  INDEX 

TO  THE  PRINCIPAL  MATTERS. 


Actions  Civil,  proceedings  on  the  trial  of,  by  jury.  60,  61 

court  may  vary  the  verdict  of  the  jur}'.  -  -  61 

Adultery,  how  punishable.  -  *  -  •  28 

Age  and  ability  of  persons.  -  -  -  20,  21 

Arrests,  the  person  not  to  be  arrested  or  imprisoned  for  oebt,  if 

sufficient  estate  can  be  found.  -  -  -  -  21 

debtors  not  to  remain  in  prison,  unless  estate  be  concealed.  ib. 

Assembly  General,  at  what  times  to  be  liolden.  -  12 

of  what  officers  and  persons  constituted  -  -        12,14 

powers  of  -  -  -  .  .  12,  14,  17 

members  of,  when  and  how  chosen.  -  •  12 

how  convened.  -  -  -  -  14 

stated  and  special  sessions  of,  when  called  by  the  freemen.      14,  15 

powers  of  such  courts.  -  -  -  -  15 

^5«g-nmen<  in  sfrw/ce,  of  poor  debtors,  when  authorized.  -  21 

Attachment,  for  contempt  of  court,  when  to  be  issued.  -  22 

of  lands  or  estate,  when  authorized.  -  -  -  ib. 

to  be  made  for  the  benefit  of  all  or  any  of  the  creditors.  -         ib. 

if  oppressive,  the  party  to  pay  damages.  -  -        22,23 

notice  to  the  defendant,  what.  ...  03 

Ballast,  not  to  be  taken  from  any  shore,  or  tlirown  into  any 

harbour  ...  .  .  23,  24 

Barratry,  defined  and  punishable.  -  .  -  24 

Beastiality,  how  punishable.  -  -  •  -  2a 

Bills,  assignable.  -  -  ...  24 

Births,  to  be  recorded.  -  -  •  .  •  86 

Blasphemy  how  punishable.  •  •  •  28 

Bounds  oj"  towns  to  be  set  out.  -  -  -  «  25 

to  be  renewed  and  perambulation  performed,'  je&rly  -  ib. 

of  lands  of  individuals,  to  be  perambulated.  •  ib. 

Burglary,  how  punishable,  -  .  -  26 

Capital  Laws.  -  -  -  -  20,  29 

Casks,  assize  of  -  ...  .  31 

Cattle  to  be  ear-marked.  -  -  -  -  .  33 

Caveat  may  be  entered  with  the  register,  against  the  alienation 
of  lands  of  fraudulent  or  insolvent  debtors — effect  thereof — 
and  mode  of  proceeding  in  such  cases.  -         -         35,  36,  37 

Children,  hov/  to  be  instructed.  ...  33^  39 

when  to  be  bound  to  masters.  -  -  -  39 

to  be  bred  to  some  employment.  -  -  -  39 

Church,  members  of,  amenable  to  the  civil  power  for  ecclesiasti- 
cal offences.  -  -  .  .  44   45 
censure  of  not  to  degrade  any  one  from  any  civil  dignity.  4.5 
Co?nrnmio«€rs,  form  of  oath  of,  prescribed.                  -             .  77 
Cnmmon  Coasters,  punij:hable  for  idleness.                 -                 -  50 


INDEX. 

Common  Fiehh.  bon-  to  be  improved.                -            -            -  S4 
provisions  relating  to  fences  and  damage  done  liieiein.  34,  35 
individuals  may  inclose  tlieir  own  grounds.              -  -        35 
-C'on.<tpi}-a€y,    how  pimislin'ile.                      -                  -                  -  29 
Constables,  their  powers,  duties  and  liabilities.                 *  40,  41 
when  to  be  chosen  and  sworn.              -                -                -  41 
form  of  oath  of  prescribed.                 -                -                -  76 
Conslifution  of  civil  Goveryiment,  of  163B,  9.                -  11  to  19 
Contemners  of  God's  holy  ordinances,  how  punishable.  43,  44 
Contempt,  attachment  for.                 -                -                -  -        22 
Coopers,  to  be  provided  with  brands.                 -             -             -  31 
Courts,  disorders  in,  punishable.                 -                -                -  38 
secrets  of,  revealing  of,  how  punishable.               -                -  ib. 
defamation  of,  punishable.                 -                 •■                -  6G 
C>i»i€5  and  Pwms/twjen^s,  Burglary  how  punishable:            -  2S 
Robbery.                 -                -    '           -                •                -  ib. 
theft  atid  pilfering.           -            -            -            -            -  26, 27 
jurisdiction  of  magistrates  in  case  of  theft.                 -             -  27 
heresy — witchcraft — blasphemy — murder — poisoning — beasliality 
— sodomy — adultery,  how  punishable.                   -                -  28 
rape — manstealing— false  witness — conspiracy — invasion  and  re- 
bellion—cursing  of  parents, — how  punishable.                  -  29 
stubbornness  how  punishable.                 -             -             -  29,  oO 
lascivious  carriage,  how  punishable.                  -                -  30 
forgery,  how  punishable.                 -                 -             -             -  47 
fornication,  how  punishable.                   -            _     -                 -  48 
gaming  how  punishable.                 ....  ijj_ 
proceedings  against  persons  charged  with  capital  crimes  withdraw- 
ing them.selves  from  justice.               -             -            -            -  60 
their  withdrawing  to  stand  instead  of  one  witness.               -  ib. 
manslaugluer,  what.              -                -                -                -  66 
Cruelty  not  to  be  exercised  towards  any  beast  kept  for  the  ute  of 

man.  ^  -  -  -  -  42 
Cursi7ig^  of  Parents,  how  punishable.  -  -  -  29 
Deaths,  to  be  recorded.  -  -  -  -  -  86 
Delinquents,  in  what  cases  they  may  be  arrested  without  war- 
rant, and  in  what  not.  -  '  -  -  -  -  40, 41 
Delinquents,  committed,  liable  to  pay  costs  of  prosecution,  and 

prison  fees.                 .            -         "  -            -            .            -  42 

judgment  against  by  whom  to  be  executed.             -            -  45,  46 

Deputies  from  the  several  towns,  to  attend  the  general  courts.  14 

how  and  by  whom  chosen.                 -                j                -  15 

their  qualifications.              .             .             -             .             .  ib. 

number  of  from  each  town.              -                -                -  15,16 

their  power.                 -                 -                 .             -             -  16 

vacancies  liow  supplied.                -                -            -            -  ib. 

meeting  of,  previous  to  any  general  court,   and  to  examine 

their  own  elections.                -             -             -      '      -             -  ib. 

Djsttbilitij  of  persons  convicted  of  scandalous  offences.             -  98 

•^«rM5--conveyai<ces,  deeds,  promitses,  obtained  by,  void.  41 

■*^cclesiasticnl  Ajfairs,  contemners  of  God's  holy  ordinances,  how 

punishable.              .            .                .                -            -  43,  44 

5jieglect  of  public  worship,  punishable.             -            -            ,•  44 


INDEX. 

civil  powei  to  be  exercised  lo  enforce  the  observance  of  chris- 
tian ordinances.  -  -  -  -  -  -         ib. 

cliurch  censure  not  to  degrade  any  man  from  any  civil  dignity.       45 

ministers  of  the  gospel,  how  maintained.  •  .74 

Election,  Court  of,  wiien  to  be  holden,  and  how  constituted.        12, 14 

Escheats,  .....  .  45 

Evidence,  tlie  withdrawing  of  criminals  from  justice  to  stand  in- 
stead of  one  witness.  -  -  -  -  60 

Execution,  goods  taken  in  execution,  to  be  appraised  and  deFivered 
to  the  creditor  in  full  satisfaction.  -  -  45 

how  levied  in  ordinaiy  cases.  -  •  -  63 

what  estate  exempt  from.  -  -  -        ib. 

Fences,  between  lands  of  adjoining  proprietors  how  made  and 

maintained,  when  one  shall  improve  before  another.  -  32 

in  common  fields,  regulated.  -  -  -  34, 35 

f)ropiittors  of  common  fields  may  inclose  their  own  landa.  35 

low  erected  between  adjoining  proprietors.  -  -  46 

Fines,  how  levied.  -  -  -  -  -  46,  63 

Fire — the  iiindling  of  fires  at  certain  seasons,  proliibited.  47 

double  damages  recoverable  for  burning  or  destroying  timber,  &c.  ib. 
Foreigners,  their  land  and  estate  liable  to  attachment.  -  22 

Foreign  Judgment,  verdicts  and  sentences  of  courts  in  any  of 

tlie  colonies,  their  credit  and  effect.  -  -  98,  99 

Forgerii,  how  punishable.  -  -  -  -  47 

Fornic'r.ion,  iiow  punishable.  -  -  -  -  48 

Fowlers  Unprofitable,  punishable  for  idleness.  -  50 

Fraudulent  Convei/ances,  void.  -  •  -41 

i^reernen,  their  qualifications,  and  how  admitted.  -  12 

form  of  oath  of  prescribed.  .  .  .  'S 

General  Assembly  or  Court,  at  what  times  to  be  holden.  -         12 

of  what  officers  and  persons  constituted.  -  -  12,14 

general  powers  of.  -  -  -  12,  14,  17 

members  of.  when  and  how  chosen.  ...         12,15 

how  convened.  -  ...  -  14 

stated  and  special  sessions  of,  when  called  by  the  freemen.      14,  15 

powers  of  such  courts.  -  -  •  -  13 

quorum  of,  how  formed.  -  -  -  -  17 

Ot)i"errto?/r,  when  and  how  elected.  -  -  12,  13 

eligible  only  once  in  two  years.  .  -  -  -         13 

qualifications  of.  ...  -  14 

form  of  oath  of,  prescribed.  -  -  "     .  '^ 

Grand  Jury;  when  to  attend  the  court,  their  number  and  duties.       62 

form  of  oath  of  prescribed.  -  -  -  -  77,  7B 

Heresy,  how  punishable.  -  -  -  -  2S 

Htghviays,  how  rejjaired.  ...  -  49,  .'-0 

Horses,  penalty  and  punishment  for  taking  them  from  any  ccJm- 

mon,  a:c.  and  using  them.  -  -  31,  32 

Hue  and  Cry,  how  put  forth  and  probccuted.  -  40,  41 

Idleness,  punishable.  ...  -  -  50 

Imprisonment  for  debt.  -  -  -  -21 

Indians,  jprovmoi\'i  relating  to  their  punishment  for  trespasses 
and  oftenres.  for  regulating  the  intercourse  between  them 


INDEX. 

and  tlie  English  and  for  instrucling  them  in  matters  of  reli-^ 

ftion  and  civilization.  -  -  -  -  51  to  57 

persons  joining  and  settling  with  them,  punishable.  -  ^         63 

Inn  Kf topers,  provisions  relating  to  their  employment.  57  to  60 

one  inn-keeper  to  be  provided  in  eacii  town.     _  -  53 

Inquesi,  Jury  o/,  to  be  summoned  in  case  of  untimely  deaths.  42 

/?a-v  and  JMro>-5— jury  of  what  number  to  consist.  -  60 

tv)o  thirds  of  their  number  may  return  a  verdict.  -  61 

special  verdict.  -  -  -  -  ■  ih. 

may  be  returned  to  a  second  consideration.  -  -  ib. 

when  a  second  jury  may  be  impannelled.  -  -  ib. 

foiTn  of  jurors  oath  prescribed.  •  -  -  '•'7 

hand,  bounds  of,  to  be  perambulated,  and  meav-stones  erected 
and  preserved.  -  -  -  -  25, 26 

free  from  feudal  burthens.  .  -  -  -  62 

grants  of  to  be  recorded.  ...  86,  87 

Lascivious  Carriage,  how  punishable.     .  -  -  30 

Jjying,  punishable.  -  -  -  •  -  64, 65 

Jt/«g-/.s'</-rt<e5,  when  and  how  elected.  -  -  -12,13 

Magistrates,  to  be  propounded  at  some  general  court  preceeding 
their  election.  -  .  -  •  -  1.3 

their  qualifications.  -  -  -  -  ''^'  '1 

defamation  of,  how  punishable.  »  -  •  67 

form  of  oatli  of,  prescribed.  '     -  -  -  75 

Manslaughter,  wliat.  .  .  .  -  •  6G 

Man-stealing,  how  punishable.  ...  29 

JJ/arreag-e,  pubhcation  of  intention  of,  what.  -  -  67 

persons  under  the  government  of  parents,  &c.  not  to  contract 
matrimony  without  consent.  -  -  .  -  68 

to  be  recorded.  ......         86 

Marshall,  fees  of,  stated.  -  -  -  -  68,  69 

his  duty.  .  .  .  -  -  C9 

Master  and  Servant,  persons  not  to  entertain  yomig  men  in  their 

families.  ....  -  .  65 

j-oung  unmarried  men  not  to  keep  house  in  certain  cases.  65 

servants  prohibited  from  making  contracts.  -  -  ib. 

labourers  to  work  the  whole  day.  -  -  -  6G 

runaway  servants  to  be  pursued.  ...  ib. 

to  serve  three  fold  tlio  time  of  their  absence.  -  -         ib. 

Military  Affairs,  provisions  relating  thereto.  -  70  to  74 

Murder,  how  punishable.  -  -  -  -  23 

Oaths,  form  of  ...  -  -  75  to  73- 

Peage.  how  to  be  assorted  and  strung.  -  -  73 

Perambulation  of  town  lines,  to  be  performed  annually.  -        25 

of  bounds  of  land  of  adjoining  proprietors.  -  -  ib. 

Poisoning,  how  puniphable.  -  -  -  23 

Poor,  provisions  relating  to  the  settlement  and  support  of  poor 

per.-^uis.  .....  78 

Pounds  and  Povvd  Breach,  pntmds  to  be  erected  and  maintained.  78,79 

rat;!.?  impoundrd,  when  to  be  cried.  -  -  79 

pound  broach  and  rescue,  punishable.  -  -  ib. 

Pr:)fanc  Swcarivg,  puuitl^ablp.  -  -  -  80 

/i'lve,  hnw  punisliable.  .  -  -  .  29 


INDEX. 

Record,  of  birllis.  ...  ,~u'*  gg 

of  deaths.  -  »  -  -  -  ib. 

of  marriEigei  •  -  -  •  .  ijj^ 

of  lands.  -  -  -  -  -  86,  B7 

of  remarkable  passages  of  God'3  providence.  -  88 

of  heirs  and  legatees.  -----  89 

of  inventories.  -  -  -  -  -  ib. 

Replevin,  when  to  be  granted.  -  -  -  23 

Rights  secured.  -  -  -  -  -  18,  19 

Robbery,  how  punishable.  .  -  .  .  26 

Schooh  common,  when  to  be  set  up.  -  •  -         91 

grammar,  when  to  be  kept.  -  -  -  -        ib. 

maintenance  of  scholars  at  the  University  at  Cambridge.  ib. 

Secretari/,  form  of  oath  of,  prescribed.  -  -  77 

duties  and  fees  of.  -  -  -  -  -  92,93 

Secrets  of  Court,  revealing  of,  Jiow  punisliable.  -  38 

Servants  and  Apprentices,  how  to  be  instructed,  &C.  -         38,  39 

Shuffle  Board,  j^ame  of,  prohibited.  -  -  ,•  48 

Sodomy,  how  punishable.  -  -  .  28 

Spiritous  Liquors,  sale  of,  without  licence,  prohibited.  -         99 

Strays,  how  to  be  disposed  of.  -  .  -  93,  94 

Stubbornness,  how  punisliable.  -  -  .  29,  30 

S-ummons,  in  civil  process,  what.  ...  21 

Swine,  to  be  ringed  and  yoked,  or  kept  in  yards.  -  -         95 

I'axes,  how  levied.  -  -  -  18, 63,  80  in  85 

Testamentary  Affairs,  testate  and  intestate  estates,  how  disposed 

of.  -  -  -  .  -  88  to  90 

proof  and  authentication  of  wills  in  foreign  jurisdictions,  to  be 

allowed.  -  -  -  -  -  89,90 

Theft,  how  punishable.  -  -  -  -  26,  27 

iurisdiction  of  magistrates,  in  cases  of  -  «  27 

Ihmher,  not  to  be  felled  at  certain  seasons  of  the  year,  and  pro-  ' 

visions  reluting  to  the  use  and  tran^porlation  of  it.  -        95,  96 

Tobacco,  the  use  of  it  restricted.  ...  96,  97 

takers  of  punishable  for  idleness.  -  -  -  50 

l^wns,  bounds  of,  to  be  set  out  and  perambulated.  -  25 

Treasurer,  not  to  deliver  money   from   the   treasury  without 

vouchers.  -  -  -  -  -  97,  98 

7'respasses,  damage  done  by  cattle  in  cornfields,  &c.  how  estimated.     97 

Verdict — the  court  may  vary  tiie  verdict  of  a  jury,  as  to  the 

amount  of  damages.  ...  .  -  61 

in  foreign  jurisdictions,  to  be  allowed  here,  in  certain  cases.     98,  99 

Vexatious  suit,  defined,  and  the  party  fineable.  .  -  42 

JVatch,  to  bee  maintained,  and  neglect  of  punishable.  99,  100 

Weights  and  Measures,  to  be  sealed.  -  -  69,  70 

Wilts,  to  be  recorded.  ...  .  88,  89 

proof  of,  in  foreign  jurisdictions,  to  be  allowed.  -  89,  90 

Wine  and  Strong  Water,  sale  of  without  licence  prohibited.  9'> 

Witchcraft,  how  punishable.  .  -  -  2IJ 

Wolves,  bounty  allowed  for  the  destruction  of.  -  101 

Worship,  Christian,  neglect  of,  punishable.  -  .  44 

public,  guards  at  places  of.  ....  48 

Wrecks,  persons  and  goods  wrecked,  to  be  releived  and  preserved.  101 


^©if  s^a^^^^^sr  mw  )k%m^ 


Fforasmuch  as  it  hath  pleased  the  Almighty 
God,  by  the  wise  disposition  of  his  divine 
providence,  so  to  order  and  dispose  of 
things,  that  we  the  Inhabitants  and  resi- 
dents of  Windsor,  Hartford  and  Weathers- 
feild,  are  now  cohabiting,  and  dwelling  in 
and  uppon  the  river  of  Conneticutt,  and 
the  lands  thereunto  adjoining,  and  well 
knowing  when  a  people  are  gathered  to- 
gether, the  word  of  God  requires,  that  to 
meinteine  the  peace  and  union  of  such 
a  people,  there  should  bee  an  orderly 
and  decent  governement  established  ac- 
cording to  God,  to  order  and  dispose  of 
the  affaires  of  the  people  at  all  seasons, 
as  occassion  shall  require;  doe  therefore 
associate  and  conjoine  ourselves  to  bee 
as  one  publique  State  or  Commonwealth; 
and  doe  for  ourselves  and  our  successors, 
and  such  as  shall  bee  adjoined  to  us  at 
any  time  hereafter,  enter  into  combina- 
tion and  confederation  together,  to  mein- 
teine and  preserve  the  libberly  and  purity 


of  the  Gospell  ot'our  Lord  Jesus,  which 
we  now  profess,  as  also  the  disciphue  of 
the  churches,  which,  according  to  the 
truth  of  the  said  Gospell,  is  now  practis- 
ed amongst  us;  as  allso  in  our  civill 
affaires  to  be  guided  and  governed  ac- 
cording to  such  lawes,  rules,  orders,  and 
decrees,  as  shall  bee  made,  ordered,  and 
decreed,  as  folio weth: 

1 .  It  is  ordered^  sentenced  and  decreed^  That  there 
shall  bee  yearly  two  General}  Assembly's  or  Courts, 
the  one  the  second  Thursday  in  Aprill,  the  other  the 
second  Thursday  in  September  following :  The 
first  shall  bee  called  the  Courte  of  Election,  where- 
in shall  bee  yearely  chosen,  from  time  to  time,  so 
many  magistrates  and  other  publique  officers,  as 
shall  bee  found  requisite,  whereof  one  to  be  chosen 
Governor  for  the  ycare  ensuing,  and  until!  another 
bee  chosen,  and  no  other  magistrate  to  bee  chosen 
for  more  then  one  yeare  *,  provided  always,  there 
bee  six  chosen  besides  the  Governor,  which  being 
chosen  and  swbrne  according  to  aii  oath  recorded 
for  that  purpose,  shall  have  power  to  administer 
justice  according  to  the  lawes  here  established,  and 
ior  want  thereof,  according  to  the  rule  of  the  word 
of  God  ;  which  choyce  shall  bee  made  by  all  that 
are  admitted  Freemen,  and  have  taken  the  oath  of 
fidelity,  and  do  cohabit  within  ttiis  jurissdiction,  hav- 
ing beene  admitted  inhabitants  by  the  major  parte 
of  the  town  where  they  live  or  the  major  parte  of 
6uch  as  shall  bee  then  present. 

2.  It  is  ordered,  sentenced^  and  decreed,  That  the 
Eleciipn  of  the  aforesaid  magistrate  shall  bee  on 


tlus  manner ;  every  person  present  and  qualified 
for  cho}xe,  shall  bring  in  (to  the  persons  deputed 
to  receive  thenn)  one  single  paper,  with  the  name 
of  him  written  in  it  whom  he  desires  to  have  Gov- 
ernor, and  hee  that  hath  the  greatest  number  of  pa- 
pers shall  bee  Governor  for  that  yeare  :  And  the 
rest  of  the  Magistrates  or  publique  officers,  to  be 
chosen  in  this  manner ;  the  Secretary  for  the  time 
being,  shall  first  read  the  names  of  all  that  are  to  bee 
put  to  choyce,  and  then  shall  severally  nominate 
them  distinctly,  and  every  one  that  would  have  the 
person  nominated  to  bee  chosen,  shall  bring  in  one 
single  paper  written  uppon,  and  hee  that  would  not 
have  him  chosen,  shall  bring  in  a  blanke,  and  eve- 
ry one  that  hath  more  written  papers  than  blanks, 
shall  bee  a  magistrate  for  that  yeare,  which  papers 
shall  bee  received  and  told  by  one  or  more  that 
shall  bee  then  chosen,  by  the  Courte,  and  sworn 
to  bee  faithfull  therein ;  but  in  case  there  should 
not  bee  six  persons  as  aforesaid,  besides  the  Gov- 
ernor, out  of  those  which  are  nominated,  then  hee 
or  they  which  have  the  most  written  papers,  shall 
bee  a  Magistrate  or  Magistrates  for  the  ensuing 
yeare,  to  make  up  the  aforesaid  number. 

3.  It  is  ordered,  sentenced,  and  decreed,  That  the 
Secretary  shall  not  nominate  any  person,  nor  shall 
any  person  bee  chosen  newly  into  the  Magistracy. 
which  was  not  propounded  in  some  General  Courte 
before,  to  bee  nominated  the  next  eleation  :  And 
to  that  end,  it  shall  be  lawfull  for  each  of  the  Townes 
aforesaid,  by  theire  Deputies,  to  nominate  any  two 
whoe  they  conceive  fitt  to  be  put  to  election,  and 
the  Courte  may  add  so  many  more  as  they  judge 
requisite. 

4,  It  is  ordered,  sentenced  and  decreed,  That  no 
person  bee  chosen  Governor  above  once  in   two 


14 

J  ears,  and  that  the  Governor  bee  always  a  member 
of  some  approved  congregation,  and  formerly  of 
the  magistracy,  within  this  Jurissdiction,  and  all  the 
Magistrates,  tfreemen  of  this  Commonwealth  ;  and 
that  no  Magistrate  or  other  publicjue  Officer,  shall 
execute  any  parte  of  his  or  theire  office  before  they 
are  severally  sworne,  which  shall  bee  done  in  the 
face  of  theCourte,  if  they  bee  present,  and  in  case 
of  absence,  by  some  deputed  for  that  purpose. 

5.  //  is  ordered,  sentenced  and  decreed,  That  to 
the  aforesaid  Courte  of  Election,  the  severall  Townes 
shall  send  theire  Deputyes,  and  when  the  Elections 
are  ended  they  may  proceed  in  any  publique  ser\  - 
ice,  as  at  other  Courtcs  ;  allso,  the  other  General! 
Courte  in  September,  shall  bee  for  making  of  lawes 
and  any  other  pubhque  occassion,  which  concerns 
the  good  of  the  Commonwealth. 

6.  It  is  ordered,  sentenced,  and  decreed,  That  the 
Governor  shall,  either  by  himselfe  or  by  the  Secre- 
tary, send  out  summons  to  the  Constables  of  every 
Towne,  for  the  calliii^  of  these  two  standing  Courts, 
one  month  at  least  before  theire  severall  times ; 
And  allso,  if  the  Governor  and  the  greatest  parte 
of  the  magistrates  see  cause,  uppon  any  speciall  oc- 
cassion, to  call  a  Generall  Courte,  they  may  give 
order  to  the  Secretary  so  to  doe,  within  fourteene 
dayes  warning,  and  if  urgent  necessity  so  require, 
uppon  a  shorter  notice,  giving  sufficient  grounds 
for  it,  to  the  Deputy?,  when  they  meete,  or  else, 
bee  questioned  for  the  same  ;  and  if  the  Governor 
and  major  parte  of  the  Magistrates,  shall  either  neg- 
lect or  refuse,  to  call  the  two  Generall  standing 
Courts,  or  either  of  them;:  as  allso,  at  other  times, 
-when  the  occassions  of  the  Commonwealth  require  ; 
the  Freemen  thereof,  or  the  major  parte  of  them, 
shall  petition  to  them  so  to  doe,  if  then  it  bee  either 


15 

denied  or  neglected,  the  said  Freemen  or  the  nnajor 
parte  of  them,  shall  have  power  to  give  order  to 
the  Constables  of  the  severall  Towns  to  doe  the 
same,  and  so  many  meete  togctlier  and  choose  to 
themselves  a  moderator,  and  may  proceed  to  doe 
any  act  of  power  which  any  other  Generall  Courte 
may. 

7.  It  is  ordered,  sentenced  and  decreed,  That  af- 
ter there  are  warrants  given  out  for  any  of  the  said 
Generall  Courts,  the  Constable  or  Constables  of 
each  Towne  shall  forthwith  give  notice  distinctly  to 
the  inhabitants  of  the  same,  in  some  publique  As- 
sembly, or  by  going  or  sending  from  howse  to 
howse,  that  at  a  place  and  time,  by  him  or  them 
limited  and  sett,  they  meete  and  assemble  them- 
selves together,  to  elect  and  choose  certaine  Dep- 
uties to  bee  at  the  Generall  Courte  then  following, 
to  agitate  the  affaires  of  the  Commonwealth  ;  which 
said  Deputies,  shall  bee  chosen  by  all  that  are  ad- 
mitted inhabitants  in  the  severall  Towns  and  have 
taken  the  oath  of  fidelity  :  provided,  that  none  bee 
chosen  a  Deputyc  for  any  Generall  Courte  which  is 
not  a  Freeman  of  this  Commonwealth :  The  afore- 
said Deputyes  shall  bee  chosen  in  manner  follow- 
ing; Every  person  that  is  present  and  qualified  as 
before  expressed,  shall  bring  the  names  of  such 
written  in  severall  papers,  as  ihey  desire  to  have 
chosen,  lor  that  employment :  and  these  three  or 
foure,  more  or  less,  being  the  number  agreed  on  to 
bee  chosen,  for  that  time,  that  have  greatest  num- 
ber of  papers  written  for  tliem,  shall  bee  Deputyes 
for  that  Courte ;  whose  names  shall  be  indorsed  on 
the  backside  of  the  warrant  and  returned  into  the 
Courte,  with  the  Constable  or  Constables  hand  un- 
to the  same. 

8.  li   is    ordered,   sentencrd   and  decreed.     That 


IG 

Wyndsor,  Ilarllord  and  Weathersfcild.  shall  have 
power,  each  Towne,  to  send  foure  of  Iheire  F^ree- 
men  as  theire  Deputyes,  to  every  Gcnerall  Courte, 
and  whatsoever  other  Townes  shall  hec  hereafter 
added  to  this  Jurissdiction,  they  shall  send  so  niany 
Deputyes,  as  the  Courte  shall  judge  meete :  a  rea- 
sonable proportion  to  the  number  of  Freemen,  that 
are  in  the  said  Towns,  being  to  bee  attended  there- 
in; which  Deputyes  shall  have  the  power  of  the 
whole  Towne,  to  give  theire  voates  and  allowance 
to  all  such  lawes  and  orders,  as  may  bee  for  the 
publique  good,  and  unto  which  the  said  Towns  are 
to  bee  bound :  And  it  is  allso  ordered,  that  if  any 
Deputyes  shall  bee  absent  uppon  such  occassions, 
as  the  Governor  for  the  time  being,  shall  approve 
of,  or  by  the  Providence  of  God,  shall  decease  this 
life  within  the  adjournment  of  any  Courte,  that  it 
shall  bee  at  the  libbertye  of  the  Governor  to  send 
forth  a  warrant,  in  such  case,  for  supply  thereof  up- 
pon reasonable  warning. 

9.  li  is  ordered^  sentenced  and  decreed^  That  the 
Deputyes  thus  chosen,  shall  have  power  and  libber- 
ty,  to  appoint  a  time  and  place  of  meeting  togeth- 
er, before  any  Generall  Courte,  to  advise  and  con- 
suite  of  all  such  thinges  as  may  concerne  the  good 
of  the  publique  ;  as  allso  to  examine  theire  owno 
Elections,  whether  according  to  the  order  ;  and  ii 
they  or  the  greatest  parte  of  them.,  fmde  any  elec- 
tion to  be  illegall,  they  may  seclude  such  for  pres- 
ent, from  theire  mcetinge,  and  returne  the  same  and 
theire  reasons  to  the  Courte  ;  and  if  it  proove  tru*. . 
the  Courte  may  fyne  the  party  or  partycs  so  intru- 
ding, and  the  Towne  if  they  see  cause,  and  give 
out  a  warrant  to  goe  to  a  new  election  in  a  legal! 
way,  either  in  parte  or  in  whole.  Allso  the  said 
Deputyes  shall  liave  power  to  fvne  any  that  shall 


17 

bee  disorderly  at  theire  meeting,  or  lor  not  coming 
in  due  time  or  place,  according  to  appointment,  and 
they  may  leturne  the  said  fyne  into  the  Courte,  if 
it  bee  refused  to  bee  paid,  and  the  Treasurer  to 
take  notice  of  it,  and  to  estreite  or  levye  as  hee  doth 
other  fynes. 

10.  It  is  ordered,  sentenced  and  decreed,  That  ev- 
ery generall  Courte  (except  such  as  through  neg- 
lect of  the  Governor  and  the  greatest  parte  of  Ma- 
gistrates, the  Freemen  themselves  doe  call,)  shall 
consiste  of  the  Governor  or  some  one  chosen  to 
moderate  the  Courte,  and  foure  other  Magistrates 
at  least,  with  the  major  parte  of  the  Deputyes  of 
the  several  Towns  legally  chosen,  and  in  case  the 
Freemen  or  the  major  parte  of  them,  through  neg- 
lect or  refusall  of  the  Governor  and  major  parte  of 
the  Magistrates,  shall  call  a  Courte,  it  shall  consiste 
of  the  maj»r  parte  of  Freemen,  that  are  present,  or 
their  Deputyes,  with  a  moderator  chosen  by  them, 
in  which  said  Generall  Courts,  shall  consiste  the  Su- 
preme power  of  the  Commonwealth,  and  they  onc- 
Ij  shall  have  power  to  make  lawes  and  repeale 
them,  to  graunt  levycs,  to  admitt  of  Freemen,  dis- 
pose of  lands  undisposed  of,  to  severall  Towns  or 
persons  ;  and  allso,  shall  have  power  to  call  either 
Courte  or  Magistrate,  or  any  other  person  wliatso- 
cver  into  question,  for  any  misdemeanor,  and  may 
for  such  cause,  displace,  or  deale  otherwise,  accord- 
ing to  the  nature  of  the  oflence  ;  and  allso  may  deale 
in  any  other  matter  that  concernes  the  good  of  this 
Commonvrealth,  except  election  of  Magistrates, 
which  shall  bee  done  by  the  whole  body  of  Ffree- 
men  ;  in  which  Courts  the  Governor  or  Moderator 
ihall  have  the  power  to  order  the  Courte,  to  give 
libbertye  of  Speech,  Und  silence  unreasonable  and 
disorderly  speaking,  to  put  all  things  to  voate.  and 


ill  case  the  voale  bee  equal!,  to  have  the  casting 
voice  :  But  none  of  these  Courts  shall  bee  adjourn- 
ed or  dissolved  without  the  consent  of  the  major  parte 
of  the  Courte.  Provided,  notwithstanding,  that  the 
Governor  or  Deputy  Governor,  with  two  Magistrates 
shall  have  power  to  kecpe  a  Perticular  Courte  accord- 
ing to  the  lawes  established :  And  in  case  the  Gover- 
nor or  Deputy  Governor  bee  absent,  or  some  way  or 
other  incapable  either  to  sitt  or  to  bee  present ;  if 
three  Magistrates  meete  and  chuse  one  of  them- 
selves to  bee  a  Moderator,  they  may  keepe  a  Per- 
ticular Courte,  which  to  all  ends  and  purposes  shall 
bee  deemed  as  legall  as  though  the  Governor  or 
Deputy  did  sitt  in  Courte. 

11,  It  is  ordered,  sentenced,  and  decreed,  That 
when  any  Generall  Courte,  uppon  the  occassions 
of  the  Commonwealth,  have  agreed  uppon  any 
summ  or  summs  of  monye,  to  be  levyed  ^ippon  the 
severall  Townes  within  this  Jurissdiction,  that  a 
Comittee  bee  chosen,  to  sett  out  and  appoint,  what 
shall  bee  the  proportion  of  every  Towne  to  pay  of 
the  said  levye  ;  Provided  the  Comittee  bee  made 
up  of  an  equall  number  out  of  each  Towne.(l) 

Fforasmuch  as  the  free  fruition  of  such  libberties, 
immunities,  priviledges,  as  humanity,  civility 
and  Christianity  call  for,  as  due  to  every  man  in 
his  place  and  proportion,  without  impeachment 
and  infringement,  hath  ever  beene  and  ever  will 
bee  the  tranquillity  and  stabillity  of  Churches  and 
Commonwealths  ;  and  the  denyall  or  deprivall 
thereof,  the  disturbance,  if  not  ruine  of  both : 

12.  It  is  thereof  ordered  hy  this  Courte,  and  au- 

(1)  The  eleven  precedinj^  sections  were  "  voated"  or  enact- 
ed at  a  General  Courte,  held  Janimry  14th,  1638 ;  and  the 
following  provision  was  added  at  the  revision  in  1650. 


19 

ihoriiy  thereof,  That  no  man's  life  shall  bee  taken 
away  ;  no  man's  honor  or  good  name  shall  be  stain- 
ed; no  man's  person  shall  bee  arrested,  restreined, 
bannished,  dismembred,  nor  any  way  puiinished  ;  no 
man  shall  bee  deprived  of  his  wife  or  children  ;  no 
man's  goods  or  estate  shall  bee  taken  away  from 
him  nor  any  ways  indammagcd,  under  colour  of 
law,  or  countenance  of  authority  ;  unless  it  bee  by 
the  vertue  or  equity  of  some  express  law  of  the 
Country  vrarranting  the  same,  estabhshed  by  a 
Generall  Courte  and  sufficiently  published,  or  in 
case  of  the  defect  of  a  law,  in  any  perticular  case, 
bv  the  word  of  God. 


(&%mm  %w  ^m%^ 


^H9t 


ABILITF. 


It  is  ordered  by  this  Courte,  that  all  persons  of 
the  age  of  twenty-one  years,  and  of  right  under- 
standing and  memorye,  whether  excommunicated, 
condemned  or  otherw- ys,  have  full  power  and  lib' 
berty  to  make  their  Wills,  Testaments,  and  other 
lawfully  Alienations  of  their  goods  and  estates,  and 
may  bee  plaintiffs  in  a  civill  Case. 

1  Eleusine  exciverat.  Vu]g6  Eleusi  miitavit  J.  Gr  on 
vius,  figijFmantque  Flor.  et  Reus  isc.in  quibus    inendo  se 

ACTIONS. 
Rhenanum  ducenta  milHa  i)raeferunt.     Joscplius,  Zonaras 

It  is  further  ordered  and  decreed^  That  in  all  Ac- 
lions  brought  to  any  Courte,  the  Plaintiff  ahall  have 
libberty  to  withdraw  his  Action,  or  to  be  nonsuted 
before  the  Jury  have  given  in  theire  verdict,  in 
which  case,  hee  shall  always  pay  full  costs  and 
charges  to  the  defendant,  and  may  afterwards  re- 
new his  sute  at  another  Courto,  the  former  nonsute 
being  first  recorded. 


21 

AGE. 

It  is  ordered  by  this  Courte  and  the  authority  i/ure- 
of,  that  the  Age  for  passing  away  of  lands  or  such* 
kinde  of  hereditaments,  or  for  giving  of  voates,  or 
sentences  in  any  Civill  Courts  or  Causes,  shall  bee 
twenty  and  one  yeares ;  but  in  case  of  choosing  of 
Guardians,  fourteene  years. 

ARRESTS. 

It  is  ordered^  and  decreed  by  this  Court  and  au' 
ihority  thereof,  That  no  person  shall  bee  Arrested 
or  imprisoned  for  any  debt  or  fyne,  if  the  law  can 
find  any  competent  means  of  satisfaction  otherwise, 
from  his  estate,  and  if  not,  his  person  may  bee  ar- 
rested and  imprisoned,  where  hee  shall  bee  kept  al 
his  owne  charge,  not  the  plaintiffs,  till  satisfaction 
bee  made,  unless  the  Courte  that  had  cognicance  of 
tlie  cause,  or  some  superior  Courte,  shall  otherwise 
determine.  Provided,  nevertheless,  that  no  man's 
person  shall  bee  kept  in  prison  for  debt,  but  when 
there  appears  some  estate  which  hee  will  not  pro- 
duce; to  which  end,  any  Courte  or  Commissioners 
authorized  by  the  Generall  Courte,  may  administer 
nn  oath  to  the  partye,  or  any  others  suspected  to 
bee  privy  in  concealing  his  estate,  hee  shall  sat- 
isfye  by  service,  if  the  creditor  require  it ;  but  shall 
not  bee  sould  to  any,  but  of  the  English  nation. 

ATTACHEMENT. 

It  is  ordered,  sentenced,  and  decreed,  That  the  or- 
dinary summons  or  process  for  the  present,  within 
this  Jurissdiction,  and  untill  other  provision  made 
In  the  contrary,  bee  a  warrant,  fairely  written,  un- 


der  some  Magistrate  or  Magistrates  haiid  or  hands, 
mentioning  the  time  and  place  of  appearance,  and 
if  the  said  partje  or  partjes  do  not  appeare  ac- 
cording to  the  said  warrant  or  summons,  uppon 
j^ffidavitt  first  made,  of  the  serving  of  the  said 
person  or  persons,  the  Courte  shall  graunt  an  at- 
tachement  against  the  person  or  persons  delin- 
quent, to  arrest  or  aprehend  the  said  person  or 
persons  for  his  or  theire  willfull  contempt,  and 
in  case  no  sufficient  securitye  or  bayle  bee  ten- 
dred,  to  imprison  the  said  partye  or  party es  re- 
turneable  the  next  Courte,  that  is  capeable  to 
take  cogniscance  of  the  said  business  in  question, 
and  uppon  returne  of  the  said  Attachement,  the 
said  Courte  to  doe  therein,  as  according  to  the 
laws  and  orders  of  this  Jurissdiction,  and  in  that 
case  allso,  the  party  delinquent  to  bear  his  owne 
charges. 

It  is  allso  ordered^  That  attachements  to  seize 
uppon  any  man's  lands  or  estate  bee  onely  graunt- 
ed  for,  or  against,  such  goods  as  are  tlorreigner's, 
and  doe  not  dwell  or  inhabitt  within  this  Juriss- 
diction :  or,  in  case  uppon  credible  information 
it  appeare,  that  any  inhabitant  that  is  indebted, 
or  ingaged,  go  about  to  convey  away  his  estate 
to  defraud  his  creditors,  or  to  convey  away  his 
person  out  of  this  Jurissdiction,  so  as  the  process 
of  this  Jurissdiction  may  not  bee  served  uppou 
his  person,  in  that  or  any  other  just  cases,  there 
may  bee  Attachement,  or  Attachements  graunted 
uppon  the  limitations  expressed  ;  provided,  that 
in  all  cases  of  Attachements,  all  or  any  of  tlie 
creditors  have  libberty  to  declare  uppon  the  said 
Attachement,  if  hee  come  in  at  the  return  of  tlie 
said  Attachement  ;  provided  allso,  that  if  any  At- 
tachement. laid  uppo;i  any   man's  estate  upoon  a 


23 

pretence  of  a  great  summ ;  and  if  it  bee  not  prov« 
ed  to  bee  due,  in  some  neare  portion  to  the  summ 
challenged,  and  mentioned  in  the  Attachement, 
then  the  security  given  shall  bee  lyable  to  such 
dammages  as  are  susteined  thereby. 

It  is  further  ordered  and  decreed  by  this  Courie, 
That  whosoever  takes  out  an  Attachement  against 
any  man's  person,  goods,  chatties,  lands  or  heredit- 
aments, sufficient  security  «nd  caution  shall  bee 
given  by  him  to  prosecute  his  action  in  the  next 
courte,  and  to  answer  the  defendant  such  costs 
as  shall  bee  awarded  to  him  by  the  Courte  ;  and 
in  all  Attachements  of  goods,  or  lands,  legall  notice 
shall  bee  given  unto  the  partye,  or  left  in  writ- 
ing at  his  howse  or  place  of  usual  abode,  if  hee 
live  within  this  Jurissdiction ;  otherwise,  his  sute 
shall  not  proceed  :  ^nd  it  is  further  ordered  and 
declared,  That  every  man  shall  have  libberty  to  re- 
plevye  his  cattle  or  goods  impounded,  distreined, 
seized  or  extended  (unless  it  bee  uppon  execution 
after  judgement,  and  in  payment  of  ffynes  :)  provid- 
ed in  like  manner  hee  put  in  good  securitye  to  pros- 
ecute his  replevye,  and  to  satisfie  such  dammages, 
demaunds,  or  dues  as  his  adversary  shall  recover 
against  him  in  lawe. 

BALLAST. 

It  is  ordered  by  this  Courte  and  Authority  thereof. 
That  no  ballast  shall  bee  taken  from  any  shoare  in 
any  Towne  within  this  Jurissdiction  by  any  person 
whatsoever,  without  allowance  under  the  hands  of 
those  men  that  are  to  order  the  atiaires  in  each 
Towne,  uppon  the  penalty  of  six  pence  for  every 
shovell  full  so  taken  ;  unless  such  stones  as  they  had 
laid  there  before  :  It  is  allso  ordered  by  the  author- 


24 

ity  aforesaid^  That  no  shipp  nor  other  vessell  shall 
cast  out  any  Ballast  in  the  channell  or  other  place 
inconvenient,  in  any  harbor  within  this  Jurissdic* 
tion ;  uppon  the  penalty  of  Ten  Pounds. 

BARRATRY. 

li  is  ordered^  decreed^  and  hy  this  Courte  declared^ 
That,  if  any  man  bee  proved  and  adjudged  a  com- 
mon Barrater  vexing  others  with  unjust,  frequent, 
and  needless  sutes  ;  it  shall  bee  in  the  power  of 
Courtes,  both,  to  reject  his  cause,  and  to  punnish 
him  for  Barratry. 

BILLS. 

It  is  ordered  by  the  authority  of  this  Courte  -,  That 
any  Debt  or  Debts  due  uppon  Bill  or  other  speciali- 
ty, assigned  to  another,  shall  bee  as  good  a  debt, 
and  estate,  to  the  assignee,  as  it  was  to  the  assigner 
at  the  time  of  its  assignation,  and  that  it  shall  bee 
lawfuU  for  the  said  assignee,  to  sue  for  and  recover 
the  said  Debt  due  uppon  Bill  and  so  assigned,  as 
fully  as  the  originall  Creditor  might  have  done  : 
provided  the  said  assignment  be  made  uppon  the 
backside  of  the  Bill  or  speciality,  not  excluding 
any  just  or  cleare  interest  any  man  may  have  in 
any  Bills  or  specialtyes  made  over  to  them  by  Let- 
ters of  Attorneye,  or  otherwise. 

BOUNDS 

OF  TOWNES  AND  TERTICULAR  LANDS. 

Fforasmuch  as  the  Bounds  of  Townes  and  of  tlie 
lands  of  perticular  persons  are  carefully  to  bee 
meinteined,  and  not  without  great  danger  to  bee 


removed  by  any  ;  wliicti  notwithstanding,  by  de- 
ticiency  and  decay  of  markes,  may  at  unawares 
bee  done,  whereby  great  jealousies  of  persons, 
trouble  in  Tov/nes,  and  incunibranccs  in  Courtes, 
doe  often  arise,  whicli  by  due  care  and  meancs 
might  pe  prevented  : 

It  is  therefore  ordered  by  ihis  Courte  and  aidhori- 
t.ij  thereof.  That  every  Towne  shall  sett  out  their 
liounds  within  twelve  months  after  the  pubHsliing 
liereof,  and  after  their  Bounds  are  graunted,  and 
that  when  theire  Bounds  are  once  sett  out,  once  in 
ilie  yeare,  three  or  more  persons  in  the  Xowne  ap- 
pointed by  the  Select  men,  shall  appoirfe  with  the 
adjacent  Townes,  to  goe  the  Bounds  bctv,ixt  theire 

;id  Tov/nes,  and  renew  their  marke?,  wliich 
markes  shall  bee  a  great  heape  of  Stones,  or  a  trench 
of  six  foott  long  and  two  foott  broad,  the  most  an- 
'  icnt  Towne  (which  for  the  River  is  determined 
l)y  the  Courte  to  bee  Weathersfeild.)  to  give  notice 
of  the  time  and  plage  of  meeting  for  this  perambu- 
lation, which  time  shall  bee  in  the  first  or  second 
month,  uppon  paine  of  live  pounds  for  e\Qvy  Towne 
lliat  shall  neglet  the  same  ;  provided,  that  the  three 
men  appointed  for  peranibukition  shall  goe  in  theire 
-overall  quarters,  by  order  of  the  select  men,  and  at 
the  charge  of  the  severall  Townes  : 

And  it  is  further  ordered.  That  if  any  perticular 
proprietor  of  lands  lying  in  connnon  with  others, 
shall  rcllise  to  goe  by  himsellc  or  his  assigne,  the 
Bounds  betwixt  his  land  and  other  m.ens,  once  a 
}  care,  in  the  iirstor  second  month,  beeing  request- 
'  d  thereu.nto,  uppon  one  weekes  warning,  hee  shall 
T'-rfeil  for  every  day   so   neglecting,    {qw  shillings, 

ilfc  to  the  party  mooving  thereto,  the  other  hahe 
10  the  Towne  ;  and  the  owners  of  all  impropriated 
3 


grounds  shall  Bound  every  perticular  parcel!  there- 
of with  sufficien-t  meare-stones  and  shall  preserve 
and  keepe  them  so,  uppon  the  former  penalty. 

BURGLARY  AND  THEFT. 

Fforasmuch  as  many  persons  of  late  yea  res  have 
beene  and  are  apt  to  be  injurious  to  the  goods 
and  lives  of  others,  notwithstanding  all  care  and 

_    meanes  to  prevent  and  punish  the  same  ; 

It  is  therefore  ordered  by  this  Courte  and  authority 
thereof  That  if  any  person  shall  committ  Burglary 
by  breaking  up  any  dwelling  howsc,  or  shall  robbany 
person  in  the  feild,  or  highwayes,  such  a  person  so 
offending,  shall,  for  the  lirst  offence,  bee  branded  on 
the  forehead  with  the  letter  (B) ;  if  hce  shall  of- 
fend in  the  same  kinde,  the  second  time,  hee  shall 
bee  branded  as  before,  and  allso,  bee  severely 
whipped  ;  and  if  hee  shall  fall  into  the  same  offence 
the  third  time,  hee  shall  bee  put  to  death  as  being  in- 
corrigible ;  and  if  any  person  shall  committ  such 
Burglary,  or  rob  in  the  feilds  or  howse  on  the  Lords 
day,  besides  the  former  punishments,  hee  shall  for 
the  first  offence  have  one  of  his  eares  cutt  of,  and 
for  the  second  offence  in  the  same  kinde,  he  shall 
looss  his  other  eare  in  the  same  manner;  and  if  hee 
fall  into  the  same  offence  the  third  time,  hee  shall 
bee  put  to  death. 

Secondly,  for  the  prevention  of  pillfring  and  Theft. 

//  is  ordered  by  this  Conrte  and  authority  thereof 
That  if  any  person,  wdiether  children,  servants  or 
others,  shall  bee  taken  or  known  to  robb  any  orch- 
yards  or  garden,  that   shall  liuite   or  stcale  away 


anv  grafts  or  iruite  trees,  fruits,  linnen,  woollen,  or 
aiiV  other  goods  left  out  in  orchyards,  gardens,  back- 
sides, or  other  place,  in  howse  or  feilds,  or  shall 
steale  any  wood,  or  other  goods  from  the  water  side, 
from  mens  dores  or  yards,  hee  shall  forfeitt  treble 
dammage  to  the  owners  thereof,  and  such  seveere 
punnishment  as  the  Courte  shall  thinke  meete. 

Aiid  forasmuch  as  many  times  it  so  falls  out,  that 
small  thefts  and  other  ofiences  of  a  criminall  na- 
ture are  committed,  both  by  English  and  Indians 
in  Townes  remote  from  any  prison,  or  other  fitt 
place,  to  which  such  malefactors  may  bee  com- 
mitted till  the  next  Courte  ; 

It  is  therefore  hereby  ordered,  That  any  Magis- 
trate uppon  complaint  made  to  him,  may  heare,  and 
uppon  due  proofc  determine,  any  such  small  offen- 
ces of  the  aforesaid  nature,  according  to  the  lawes 
heere  established,  and  give  warrant  to  the  Consta- 
ble of  that  Towne  where  the  offender  lives,  to  lev- 
ye  the  same  :  provided  the  damage  or  tyne  exceed 
not  forty  shillings  ;  provided  allso,  it  shall  bee  law- 
full  for  either  partye  to  appeal  to  the  next  Courte 
to  bee  holden  in  that  Jurissdiction,  giving  sufficient 
caution  to  prosecute  the  same  to  effect,  at  the  said 
Courte  ;  and  every  magistrate  shall  make  returne 
yearly  to  the  Courte  of  the  Jurissdiction  wherein 
liec  liveth,  of  what  cases  he  hath  so  ended  ;  and 
allso  the  Constable,  of  all  such  fynes  as  they  have 
leceived,  and  where  the  offender  hath  nothing  to 
satistie,  such  Magistrate  may  punnish  by  stocks  or 
whipping  as  the  cause  shall  deserve. 

It  is  allso  ordered  that  all  servants  or  workemen 
imbeazling  the  goods  of  theire  masters,  or  such  as 
sett  them  on  worke,  shall  make  restitution  and  bee 
lyable  to  all   lawes  and  penaltyes,  as   other  men. 


CAPITALL  LAWES. 

1.  If  any  man  after  Icgall  conviction,  shall  have 
or  vi'orship  any  olht^r  God  but  the  Lord  God,  hee 
shall  hee  put\o  death.  Deut.  13.  6 — 17.  2. — Ex- 
odus 22.  20. 

2.  If  any  man  or  woman  bee  a  Witch,  that  is, 
hath  or  consulteth  with  a  familhar  spirritt,  they 
shall  bee  put  to  death.  Exodus  22.  18. — Lcvit.  20. 
27.— Deut.  18.  10,  n. 

3.  If  any  person  shall  l)]aspheme  the  name  of 
God  the  ffather,  Sonne  or  holy  Gliost,  wqth  direct, 
express,  presumptuous  or  highhanded  blasphemy, 
or  shall  curse  in  the  like  manner,  hee  shall  bee  put 
to  death.     Lev.  24.  15,  16. 

4.  If  any  person  shall  committ  any  willfull  mur- 
Iher,  which  is  mansJaughter  committed  uppon  mal- 
ice, hatred  or  cruelty,  not  in  a  man's  necessary  and 
just  defence,  nor  by  mere  causualty  against  his  will, 
hee  shall  be  put  to  death.  Exo.  21.  12,  13,  14. — 
Numb.  35.  30,  31. 

5.  If  any  person  shall  slay  another  through  guile, 
either  by  poisonings  or  other  such  Devellish  prac- 
tice, hee  shall  bee  put  to  death.     Exo.  21.  14. 

6.  If  any  man  or  woman  shall  lye  with  any  beast 
or  bruite  creature,  by  carnal!  copulation,  they  sball 
surely  bee  put  to  death,  and  the  beast  shall  he  slaine 
and  buried.     Levit.  20.  15,  16. 

7.  If  any  man  lyeth  with  mankind  as  hee  lyeth 
with  w^oman,  both  of  them  have  committed  abomi- 
nation, they  both  shall  surely  be  put  to  death. — 
Levit.' 20.  "13. 

8.  If  any  person  committeth  adultery  with  a  mar 
ried  or  espoused  wife,  the  Adulterer  and  the  Adul- 
teress shall  surely  bee  put  to  death.  Levit.  20.  10, 
and  18.  20,— Deut.  22.  23,  24. 


29 

9.  If  any  man  shall  forcibly,  and  without  consent, 
Ravish  any  maide,  or  woman  that  is  lawfully  mar- 
lied  or  contracted,  hce  shall  bee  putt  to  death. — 
Deut.  22.  2.5. 

10.  If  any  man  stealcth  a  man  or  mankinde,  hec 
shall  bee  put  to  death. — Exodus  21.  'iQ. 

n .  If  any  man  rise  up  by  false  wittness,  witting- 
ly and  of  purpose  to  take  away  any  man's  life,  hee 
shall  be  put  to  death.— Deut.  19.  16.  18.  19. 

12.  If  any  man  shall  conspire  or  attempt  any  in- 
vasion, insurrection  or  rebellion  against  the  Com- 
monwealth, hec  shall  bee  put  (o  death. 

13.  If  any  Childe  or  Children  above  sixteene 
years  old  and  of  suffitient  understanding,  shall 
Curse  or  smite  their  naturall  father  or  mother,  hee 
or  they  shall  bee  put  to  death;  unless  it  can  bee 
sufficiently  testified  that  the  parents  have  beeno 
very  unchristianly  negligent  in  the  education  of  such 
children,  or  so  provoke  them  by  extreme  and  cruell 
j:orrection  that  they  have  beene  forced  thereunto  to 
preserve  themselves  from  death,  maiming. — Exo. 
21.  17.— Levit.  20.— Ex.  21.  lo. 

11.  If  any  man  have  a  stubborne  and  rebel- 
h'ous  Sonne  of  sufficient  yeares  and  understand- 
ing, viz.  Sixteene  yeares  of  age,  which  will  not 
obey  the  voice  of  his  father  or  the  voice  of  his 
mother,  and  that  when  they  have  chastened  him 
>viil  not  hearken  unto  them  :  then  may  his  tJa- 
ther  and  mother,  being  his  naturall  parents,  lay 
hold  on  him  and  bring  him  to  the  Magistrates 
assembled  in  Courte,  and  testifie  unto  them,  that 
theire  sonne  is  stubborne  and  rebellious  and  will 
not  obey  theire  voice  and  Chastisement,  but  lives  in 
sundry  notorious  Crimes,  such  a  sonne  shall  bee  put 
to  death.     Ditt.  21.  20,  21. 

3* 


It  is  allso  ordered  by  this  Courle,  and  authority 
thereof,  That  whatsoever  Childe  or  servant  within 
these  Libberties,  shall  bee  convicted  of  any  stub- 
borne,  or  rebellious  carriage  against  their  parents 
or  governors,  which  is  a  forrunner  of  the  aforemen- 
tioned evills  ;  the  Governor  or  any  two  Magistrates 
have  libberty,  and  power  from  this  Coiirte,  to  com- 
mitt  such  person  or  persons  to  the  House  of  Cor- 
rection ;  and  there  to  remainc  under  hard  labour, 
and  severe  punnishment  so  lojig  as  (he  Courte,  or 
the  major  parte  of  the  Magistrates,  shall  judge 
meete. 


And  whereas  frequent  experience,  gives  in  sad  ev- 
idence of  severall  other  wayes  of  uncleanes,  and 
lascivious  carriages,  practised  amongst  us  ;  where- 
unto  in  regarde  of  the  variety  of  circumstances, 
perticular  and  express  lawes  and  orders  cannott 
suddenly  be  suted  ;  this  Courte  cannott  but  looke 
upon  evills  in  that  kinde,  as  very  pernitious  and 
destructive  to  the  wellfarc  of  this  Commonwealth : 


-  And,  doe  judge,  that  severe  and  sharpe  punnish- 
ment, should  bee  inflicted  uppon  such  delinquents  ; 
And  as  they  dae  approve  of  what  hath  becne  al- 
ready done,  by  tiie  perticular  Courte,  as  agreeing 
with  the  Generall  power  formerly  graunted  5  so 
they  doe  hereby  confn'mc  the  same  power  to  the 
perticular  Courte  ;  whoe  may  proceed  either  by 
lyne,  committing  to  the  house  of  correction,  or 
other  corporall  punnishment,  according  to  theire 
discretion;  desiring  such  seasonable  and  exempla- 
ry executions,  may  bee  done  upon  offenders  in  that 
kinde.  that  others  mav  hcaro  and   fenre. 


31 
CASCK  AND  COOPER. 

It  is  ordered  by  this  Courte  and  Authority  tJttreof. 
That  all  Casck  used  for  Tarr  or  other  commoditN  f  s 
to  bee  put  to  sale,  sliali  bee  assized  as  followelh  : 
viz :  Ever}'  Casck,  commoiiij  called  barrills,  oi 
halfe-hogs  heads,  shall  contain  twenty  eight  gallon- 
wine  measure,  and  other  vessells  proportionable  : 
and  that  titt  persons  shall  he  appointed  from  time 
to  tinne,  in  all  placess  needfnll  to  gage  all  such  ves- 
sells or  Cascks,  and  such  as  shall  be  found  of  due 
assize  shall  be  marked  with  the  gagers  markc  and 
no  other,  who  shall  have  for  his  paines  foure  pence 
for  every  Tunn,  and  so  proportionably. 

And,  It  is  also  ordered,  that  every  Cooper  shall 
have  a  distinct  brand-marke,  on  his  owne  Casck, 
upon  paine  of  forfeiture  of  Twenty  shillings  in  ei- 
ther case,  and  so  proportionably  for  lesser  vessells. 

CATTLE,  CORNEFEILDS,  FFENCE.S. 

Fforasmuch  as  complaints  have  beene  made  of  a 
very  evill  practise  of  .some  disordered  persons  in 
the  country  whoc  use  to  take  other  mens  horses, 
sometimes  upon  the  Commons,  sometimes  out  ot 
theire  owne  cjrounds,  common  feilds,  and  inclos- 
ures,  and  ride  them  at.  tlicire  pleasure,  without 
any  leave  or  privity  of  tlieire  owners  : 

It  is  therifore  ordered  and  Enacted,  by  the  au- 
thority of  this  Courtc,  that  whosoever  shall  take 
any  other  mans  Horse,  Mare,  or  Drawing  Beast, 
out  of  his  inclosure,  uppon  any  Common,  out  of 
any  common-feild  or  elsewhere  ;  Except  such  bee 
taken  dammage-faisant.  and  disposed  of  according  to 


32 
law,  without  leave  of  the  owners,  and  shall  ride  or 
use  the  same,  hee  shall  pay  to  the  partye  wronged, 
treble  dammages,  or  if  the  complainant  shall  desire 
it,  then  to  pay  oncly  ten  shillings,  and  such  as  have 
not  to  make  satisfaction,  shall  bee  punnished  by 
whipping,  imprisonment,  or  otherwise,  as  by  law 
shall  be  adjudged ;  And  any  one  magistrate  may 
heare  and  determine  the  same. 

//  is  allso  further  ordered^  That  where  lands  lye  m 
common,  unfenced  •,  if  one  shall  improve  his  lands, 
by  fencing  in  severall,  and  another  shall  not ;  hee 
whoe  shall  so  improve,  shall  secure  his  land  against 
other  mebs  cattle,  and  shall  not  compell  such  as 
joine  uppon  him,  to  make  any  fence  with  him  ;  ex- 
cept hee  shall  allso  improve  in  severall,  as  the  other 
doth  :  And  where  one  man  shall  improve,  before 
his  neighbour,  and  so  make  the  whole  fence,  if  after 
his  said  neighbour  shall  improve  allso,  he  shall 
then  satisfie  for  halfe  the  others  fence  against  him, 
according  to  the  present  value,  and  shall  meinteine 
the  same  ;  And  if  either  of  them  shall  after  lay  open 
his  said  feilds  (which  none  shall  doe  without  three 
months  warning)  hee  shall  have  libbert}',  to  buy  the 
dividend  fence,  payinge  according  to  the  present 
valuation,  to  bee  sett  by  two  men,  chosen  by  either 
party  one  :  The  like  order  shall  bee,  where  any 
man  shall  improve  land,  against  any  Towne  Com- 
mon ;  provided,  this  order  shall  not  extend  to 
house  lotts,  not  exceeding  ten  acres  ;  but,  if  in  such, 
one  shall  improve,  his  neighbour  shall  be  compella- 
ble to  make  and  meinteine  one  halfe  of  the  fence 
between  them,  whether  he  improve  or  not. 

Provided  allso,  that  no  man  shall  bee  lyable  to 
satisfie  for  dammage  done  in  any  ground  not  suffi- 
ciently fenced  ;  except  it  shall  bee  for  dammage 
uone  bv  swyne  under  a  veare  old,  or  unruly  Cattle, 


33 

tNhich  will  not  be  rcstreincd  by  ordinary  ffences,  or 
uhcre  any  man  shall  put  his  Catth',  or  otherwise 
\  r.hintarily  trespass  uppon  his  neii^hbours  ground  : 
And  if  tl^  partyc  danwiitied  lind  the  Cuttle  darn- 
MKife-faisant,  hee  mnv  impound  or  otherwise  di=po.-e 
of  them.  (1)'_ 

CATTLIO  TO  Bi-:  MARKED. 

Ffor  the  preventing  of  diflerences  that  may  arise 
«^'C.  in  the  owning  of  cattle,  that  bee  lost  or  stray 
away  : 

7^  is  ordered  hij  this  Courte,  that  the  owners  of 
any  Cattle  within  this  Jnrissdiction,  shall  earc 
niarkc  or  brand  all  theire  Cattle  and  swyne,  that 
are  above  ha'fe  a  y(?are  old  (except  horses)  and 
that  they  cause  theire  severall  markes  to  bee  regis- 
tred  in  the  tow^ne  booke ;  and  whatsoever  cattle 
shall  be  found  unmarked,  after  the  lirst  of  Julv 
next,  shall  fortcitt  live  shillings  a  liead,  whereof 
two  shiliiuiis  six[)ence  to  him  that  discovers  it.  and 
tile  other  to  the  countiy . 

COMMON  FFEILDS 

1\  hcreas  the  condition  of  the^e  severall  plantations 
in  these  beginnings,  wherein  we  are.  is  such,  tfifrt 
necessity  constraines  to  improve  much  of  the 
ground  belonging  to  the  severall  townes,  in  a 
common  way.  and  it  is  observed,  that  the  pub- 
lique  and  generall  good  (which  ought  to  bee  at- 
tended in   all    such    improvements    as   arc  most 

(1)  At  a  sepr^ion  of  die  General  Court,  iu  October  165'2, 
it  was  declared  and  explained,  that  this  order  did  not 
rearh  tJie  lamls  on  the  east  sido  of  the  uroat  liver. 


34 

proppcr  to  tliem,  and  may  best  advance  the  same 
receives  much  pi<Mii(1ice  throiigli  want  of  a  pru- 
dent  ordering   and    (hsposin^"   of    those   severall 
common  lands,  so  as  may  best  eifect  the  same  : 

//  is  ordered  hy  this  Courte  and  autJiority  there- 
of^ That  eacli  tovvne  shall  chuse  from  among  them- 
selveSj  five  able  and  discreet  men,  whoe,  by  this 
order,  have  power  given  them,  and  are  required,  to 
take  the  common  lands  belonging  to  each  of  the 
severall  tovvnes  respectively,  into  serious  and  sadd 
consideration,  and  after  a  thorough  disgesting  of 
theire  owne  thoughts,  sett  downe  under  theire 
hands,  in  what  way  the  said  lands  may,  in  theire 
judgments,  bee  best  improved  for  the  common  good  ; 
And  whatsoever  is  decreed  and  determined  by  the 
saide  five  men  in  each  towne,  or  any  three  of  them, 
concerning  the  way  of  improvement  of  any  such 
lands,  shall  bee  attended  by  all  sucli  persons  that 
have  any  propriety  oi-  interest  in  any  such  lands  so 
judged. 

And  whereas  also,  much  dammage  hath  arisen,  not 
onely  from  the  unrulines  of  some  kinde  of  cattle, 
but  also  from  the  weaknes  and  insufiiciency  of 
many  fences,  whereby  much  variance  and  ditfer- 
cnce  hath  followed,  which,  if  not  prevented  for 
the  future,  may  bee  very  prejuditiall  to  the  pub- 
lique  peace  ; 

//  is  likezvise,  therefore  ordered,  that  the  said  five 
men,  so  chosen,  or  at  least,  three  of  them,  shall  sett 
downe  what  fences  shall  bee  made  in. any  common 
grounds,  and  after  they  are  made,  to  cause  the  same 
to  bee  viewed,  and  to  sett  such  fynes  as  they  judg". 
meete,  upon  any  as  shall  neglect,  or  not  duely  at- 


35 

tend  llieiie  order  therein ;  and  what  fences  ar6 
made  and  judged  sufficient  by  them,  whatsoever 
dammage  is  done  by  hoggs  or  any  other  cattle,  shall 
bee  paid  by  the  owners  of  the  said  cattle.  And  the 
severall  townes  shall  have  libberty  once  every 
yeare,  to  allter  any  three  of  the  former  five,  and  to 
make  choyce  of  others  in  theire  roome :  It  being 
provided,  that  any  particular  man  or  men  shall  have 
libberty  to  inclose  any  of  theire  perticular  grounds, 
and  improve  them  according  to  theire  owne  discre- 
tion, by  mutuall  agreement,  notwithstanding  this 
order. 

CAVEATS  ENTRED. 

Whereas  it  appears,  tbat  divers,  to  defeat  and 
defraud  theire  creditors,  may  secreetly  and  under 
hand,  make  bargaines  and  contracts  of  theire  lands, 
lotts  and  accommodations,  by  means  whereof,  wiien 
the  creditor  thinkes  hce  hath  a  meanes.  in  due  or- 
der of  law,  to  declare  against  the  said  lands,  lotts 
and  accommodations,  and  so  recover  satisfaction 
for  his  debt,  hee  is  wholly  deluded  and  frustrated, 
which  is  contrar}^  to  a  righteous  rule,  that  every 
man  should  pay  his  debt  with  his  estate,  bee  it  in 
what  it  will  bee,  either  reall  or  personall  :  this 
courte  taking  it  into  consideration,  doe  order,  sen- 
tence and  decree,  that  if  any  creditor,  for  the  fu- 
ture, doc  suspect  any  debtor,  that  hee  may  prove 
non-solvent  in  his  personall  estate,  hee  may  re- 
paire  to  the  register  or  recorder  of  (he  plantation 
where  the  lands,  lotts  or  accommodations  lyes,  and 
enter  a  caveatt  against  the  lands,  lotts  and  accom- 
modations of  the  said  debtor,  and  shall  give  to  the 
said  register  or  recorder  foure  pence  for  the  entry 
thereof;  and  the  said  creditor  or  creditors  shall  take 


out  summons  against  the  said  debtor,  and  m  dire 
forme  of  law,  the  next  perticular  courte,  either  for 
the  whole  colony,  or  for  the  perticular  plantation 
where  the  said  lands,  lotts  or  accommodations  lyes, 
or  the  next  courte  ensuing,  declare,  against  the  said 
debtors  lands,  lotts  and  accommodations :  And  so 
if  the  creditor  recover,  hec  may  enter  a  judgement 
U])pon  the  s'lid  lotls,  lands  and  accommodations,  and 
take  out  an  extent  against  the  said  land,  directed  to 
a  knowne  oliicer,  whoe  may  take  two  honest  and 
safiicieiit  men  of  the  neighbours,  to  apprize  the  said 
lands,  lotts,  and  accommodations,  either  to  be  sould 
out  right,  \i  the  debtor  so  require,  or  sett  a  reason- 
able rent  uppoa  the  same,  untill  the  debt  bee  paid, 
and  deliver  the  possession  thereof  either  to  the 
creuTtor  or  creditors,  his  or  theire  assignee  or  as- 
signs, or  any  other ;  and  what  sale  or  sales,  lease  or 
leases  liie  said  officer  makes,  being  orderly  record- 
ed, according  to  former  order  of  recording  of  lands, 
shall  be  as  legall  and  bynding,  to  all  intents  and  pur- 
poses, as  though  the  debtor  himselfe  had  done  the 
same  :  Provided,  that  if  the  said  debtor  can  then 
presently  procure  a  chapman  or  tennunt  that  can 
give  to  the  creditor  or  creditors,  satisfaction  to  his 
or  theire  content,  hee  shall  have  the  hrst  refusing 
thereof:  Allso  it  is  declared,  that  hee  which  first 
enters  caveatts  as  above  said,  and  his  debt  being 
due  at  his  entering  the  said  caveatt,  shall  be  first 
paid ;  and  so  every  creditor,  as  hee  enters  his  ca- 
veatt, and  his  debt  becomes  due,  shall  bee  orderly 
satisfied;  unless  it  appears  at  the  next  courte,  the 
debtors  lands,  lotts  and  accommodations  prove  in- 
sufficient to  pay  all  his  creditors,  then  every  man 
to  have  a  sutable  proportion  to  his  debt  out  of  the 
same  ;  and  yet  notwithstanding  every  man  io  re- 
ceive his  parte  according  to  the   entry  of  his  cave- 


37 

alt ;  yet  this  Is  not  to  seclude  any  creditor  to  recov- 
er other  satisfaction,  either  uppon  the  person  or 
estate  of  the  said  debtor,  according  to  lawc  and 
customc  of  the  colony:  As  allso,  it  is  further  de- 
creed, that  what  sale  or  bargaine  soever,  the  debtor 
shall  make  concerning  the  said  lotts,  lands  and 
nccommodations,  after  the  entring  of  the  said  cavc- 
att,  shall  be  voide  as  to  defraude  the  said  creditors. 

It  is  allso  further  explained  and  declared,  That  if 
the  said  debtor  bee  knowne  to  bee  a  non-solvent 
man  before  the  lirst  caveatt  entied  against  the 
said  lotts,  lands  and  accommodations,  and  the  same 
appeare  at  the  next  perticular  courte,  then  the 
courte  shall  have  power  to  call  in  all  the  creditors 
in  a  shorte  time,  and  sett  an  equall  and  inditfercnt 
way  how  the  creditors  shall  bee  paid  out  of  the  said 
lotts,  lands  and  accommodations ;  otherwise,  if  the 
said  debtor  proovc  insolvent  after  the  first  caveatt 
entrcd,  then  this  order  to  be  dulye  observed  ac- 
cording to  the  premisses,  and  true  intent  and  mean- 
ing thereof. 

//  is  allso  fartner  declared,  and  explained,  That 
the  said  recorder  or  register  of  the  said  caveatt 
jhall,  the  next  perticular  courte,  as  aforesaid,  re- 
turne  the  said  caveatts  that  are  with  him,  at  which 
time  and  courte,  the  cnterers  of  the  said  caveatts 
shall  be  called  forth  to  prosecute  the  same  the  next 
perticular  courte  following;  and  if  the  enterer  of 
the  said  caveatts  fail  to  prosecute  according  to  this 
order,  the  register  or  recorder  of  the  said  caveatt  or 
caveatts,  shall  put  a  vacatte  upon  the  said  caveatt 
or  caveatts,  which  shall  be  jnvalid  or  voide  to  hold 
tlie  said  lotts,  lands  and  accommodations  aforesaid* 


38 
DISSORDER  IN  COURTE. 

//  is  ordered  hy  this  court e,  that  whosoever  doth 
dissorderly  speake  privately,  during  the  sitting  ol 
the  courte,  with  his  neighbour,  or  two  or  three  to- 
gether, shall  presently  pay  twelve  pence,  if  the, 
courte  so  thinke  meett. 

SECREETS  IN  COURTE. 

li  is  ordered  and  decreed,  That  whatsoever  meiii' 
berofthe  generall  courte,  shall  reveale  anysecreett 
that  the  courte  cnjoynes  to  be  kept  secreett,  or  shal 
make  knowne  to  any  person  what  any  one  member 
of  the  courte  speakes  concerning  any  person  or 
business  that  may  come  into  agitation,  in  the  courte, 
shall  forfeitt  for  every  such  fault,  ten  pounds,  and 
bee  otherwise  dealt  withall,  at  the  discretion  of  the 
courte  ;  and  the  secretary  is  to  read  this  order  at 
the  beginning  of  every  generall  courte. 

CHILDREN. 

Fforassmuch  as  the  good  education  of  children  is  of 
singular  behoofe  and  benefit  to  any  common- 
wealth ;  and  whereas  many  parents  and  masters 
are  too  indulgent  and  negligent  of  theire  duty  in, 
that  kinde  : 

It  is  therefore  ordered  by  this  courte^  and  author- 
ity  thereof.  That  the  selectmen  of  every  towne  in 
the  severall  precincts  and  quarters  where  they  dwell, 
shall  have  a  vigilent  eye  over  theire  brethren 
and  neighbours,  to  see,  first,  that  none  of  them  shall 
suffer  so  much    barbarisme   in  any  of  their  fam- 


S9 

lyes,  as   not  to  ii^dcavor   to  teach    by   themselves 
>rotliers,  theire  children  aiul  apprentices,  so  mnrli 
earning,  as  may  inable  them  peifectly  to   read  the 
English  tongue,  and  knowledge  of  the  caj)ifall  lawes, 
ippon  penalty  of  twenty  shillings  for  each  neglect 
herein;    allso.  that   all   masters   of  famiiyes,   doe, 
)nce  a  week,  at  least,  catechise  theire  chilldren  and 
servants,  in  the  grounds  and  principles  of  religion, 
md  if  any  bee  unable  to  doe  so  much,  that  then,  at 
he  least,  they  procure  such  children  or  apj^renti- 
:es   to   learne   some   shorte    oithodox   catechisme, 
<>ithout  booke  that  they  may  bee  able  to  answer  to 
Ihe  questions  that  shall  bee  propounded  to  them  out 
of  such  catechismes  by  theire  parents  or  masters, 
or  any  of  the  selectmen,  where  they  shall  call  them 
to  a  tryall  of  what  they  have  learned  in  this  kinde  ; 
and  further,  that  all  parents  and  masters  doe  breed 
and    bring  up    theire   ciiildren    and   apprentices    in 
some  honest  lawfull    calling,  labour  or  imployn^cnt, 
either  in   husbandry  or  some  other  trade  proffitable 
for  themselves    and  the  commonwealth,  if  thev  will 
not  nor    cannott   traine  them  np    in   l(>arnini:C,   to 
iitt  them   for  higher  imployments ;  and  if  any  of 
the    selectmen,    after    admonition    by  them   given 
to  such   masters  of  fannlyes,  shall  finde   them  still 
negligent  of  theire  duly,   in  the   perticulais  afore- 
mentioned, whereby  children  and  servants  become 
liide,  stubborne    and    unruly,    the  said    selectmen, 
with   the*   helpe   of  tuo  magistrates,  shall  take   sur'h 
children  or  apprentices  from,  them,  and  place  them 
with   some  masters  for  years,  boyes    till  they   come 
to    twenty-one,   and   girles   eighteene   years  of  age 
compleat,  which  will   more  strictly   looke  unto  and 
force   them  to  submitt  unto  governement.  according 
to   the  rules  of  this  order,  if  by  faire   meanes  and 
former  instructions  thrv  will  not  bee  drawnc  unto  it. 


40 


CONS'J'ABLKs. 


7/  is  fiirthfr  ordered  hij  the  auUiorilj/  aforesaid,  that 
nny  person  tendered  to  nny  eonstablc  of  this  juriss- 
diclion,  by  any  constable  or  oilier  officer  belonging 
to  any  iTbreinge  Jnrissdiclion  in  this  country,  or  hy 
warrant  from  any  such  aulliority.  such  shall  present- 
ly bee  received  and  conveyed  forlhwith,  from  con- 
stable to  constable,  till  they  shall  bee  brought  unto 
the  place  to  whicb  they  are  sent,  or  hefore  some 
magistrate  of  this  jurissdiction,  whoe  shall  dispose 
of  them,  as  the  justice  of  the  cause  shall  require : 
and  that  all  hue  and  cryes  shall  be  duely  received 
and  dilligently  pursued  to  full  effect. 

It  is  ordered  by  the  aiithoritij  of  this  Coiirte,  That 
every  constable  within  one  jurissdiction  shall,  hence- 
forth, have  full  power  to  make,  signe  and  put  forth, 
persuits  or  hue  and  cryes,  after  murthers.  malefac- 
tors, peaccbrcakers,  theeves,  robbers,  burglarers, 
and  other  capitall  offenders,  where  no  magistrate  is 
neare  band ;  allso,  to  apprel>end,  without  warrant, 
^ucli  as  are  overtaken  with  drinke,  swearing,  sa- 
boath-brcaking,  slighting  the  ordinances,  lying,  va- 
grant persons,  night-walkers,  or  any  other  that  shall 
offend  in  any  of  these:  Provided,  they  bee  taken 
in  the  manner,  eifner  oy  sighte  of  the  constable,  or 
by  present  information  from  others;  as  allso,  to, 
make  search  for  all  such  persons,  either  on  the  sa- 
boath  day,  or  other,  when  theire  shall  bee  occasion, 
in  all  howses  lycenced  to  sell  either  beare  or  wyne, 
or  in  any  other  suspected  or  dissordered  places, 
and  those  to  apprehend  and  keepe  in  safe  custody, 
till  opportunity  serves  to  bring  them  before  one 
of  the  next  magistrates,  for  further  examination  : 
provided,  that  when  a  constable  is  imployed  by  any 


•11 

of  the  magistrates  tor  apprehending  of  any  person, 
hee  shall  not  doe  it  Avithout  warrant  in  writing  :  and 
if  any  person  shall  refuse  to  assiste  any  constable 
in  the  execution  of  his  ofiice,  in  any  of  the  things 
aforementioned,  being  by  him  required  thereto, 
they  shall  pay  for  neglect  thereof,  ten  shillings  i.. 
the  use  of  the  country,  to  bee  levyed  by  warrant 
from  any  magistrate  hefore  whom  any  such  ofTciul- 
or  shall  be  brought;  and  if  it  appeare,  by  good  tes- 
timony, that  any  shall  willfnlly,  oi)stina{ely  or  con- 
temptuously, refuse  or  neglect  to  a?siste  any  consta- 
ble, as  is  before  expressed,  hee  shall  pay  to  the  use 
of  the  country,  forty  shillings;  and  if  any  magistral* 
or  constable,  or  any  other,  uppon  urgent  occasion.-, 
shall  refuse  to  doe  their  best  indeavor  in  raising 
and  prosecuting  hue  ond  cryes,  by  foott,  and  if  need 
bee,  by  horse,  after  such  as  have  committed  capitall 
crimes,  they  shall  forfeiit,  for  the  use  aforesaid,  for 
every  such  offence,  forty  sliiliings. 

And  it  is  all  so  ordered.  That  the  constables  in 
each  towne,  shall  be  chosen  from  yea  re  to  yea  re, 
before  the  first  of  March,  and  sworne  to  that  oflicc' 
the  next  courtc  following,  or  hy  some  magistrate  or 
magistrates. 

CONVEYANCES  FRAUDULENT. 

If.  is  ordered  hy  this  Courie,  and  authority  thereof. 
That  all  covenous  or  fraudulent  alienations  or  con- 
veyances of  lands,  tenements  or  any  hereditament.-, 
sTiall  bee  of  no  validity  to  defeat  any  man  from  dut- 
debts  or  legacyes,  or  from  any  just  title,  clayme  or 
jwssession  of  that  which  is  so  fraudulently  convey- 
ed ;  and  that  no  conveyance,  deed  or  promise 
whatsoever,  shall  bee  of  validity,  if  it  bee  gotten 
by  illegal  violence,  imprisonment,  threatening,  or 
any  kind  of  forcible  compulsion,  railed  dnres. 


•4t» 


CRUELTY. 


It  is  ordered 


^y  this  Courte,  and  authoriti/  thereof, 
That  no  man  shall  exercise  any  tiranny  or  cruelty 
towards  any  brute  creatures,  which  are  usually  kept 
for  the  use  of  man. 

DAMMAGES  PRETENDED. 

It  is  ordered  hy  this  Coiirle,  That  no  man  in  any 
sute  or  action  against  another,  shall  falsely  pretend 
great  dammages  or  debts,  to  vexe  his  adversary  ;  and 
if  it  shall  appeare  any  doth  so,  the  Courte  shall 
have  power  to  sett  a  reasonable  fyne  on  his  head. 

DEATH  UNTIMELY. 

//  IS  ordered  hy  this  Courte  and  authority  thereof. 
That  whensoever  any  person  shall  come  to  any 
very  sudden,  untimely  or  unnaturall  death,  some 
magistrate,  or  the  constable  of  that  towne,  shall 
forthwith  summon  a  jury  of  sixe  or  twelve  discreet 
men  to  inquire  of  the  cause  and  manner  of  theire 
death,  whoe  shall  present  a  true  verdict  thereof, 
unto  some  neare  magistrate,  uppon  theire  oath. 

DELINQUENTS. 

It  is  ordered,  That  all  persons  hereafter  Commit- 
ted uppon  delinquency,  shall  beare  the  charges  the 
country  shall  bee  at  in  the  prosecution  of  them 
and  shall  pay  to  the  master  of  the  prison  or  howse 
of  correction,  two  shillings  six  pence,  before  hee 
bee  freed  therefrom.  Vide  execution  upon  dehn 
quents. 


43 

ECLESEASTICALL. 

Fibrasmuch,  as  the  open  contempt  of  Gods  word, 
and  messengers  thereof,  is  the  desolating  sinne  of 
civill  states  and  churches,  and  that  the  preaching 
of  the  word  by  those  whome  God  doth  send,  is 
the  cheife  ordinary  meancs  ordained  by  God,  for 
the  converting,  cdefying  and  saving  the  soules  of 
the  elect,  through  the  presence  and  power  of  the 
Holy  Ghost  thereunto  promised;  and  that  the 
ministry  of  the  word  is  sett  up  by  God  in  his 
churches  for  those  holy  ends ;  and  according  to 
the  respect  or  contempt  of  the  same,  and  of  those 
whome  God  hath  sett  aparte  for  his  owne  worke 
and  imployment,  the  weale  or  woe  of  all  chris- 
tian states,  is  much  furthered  and  promoted  : 

It  is  therefore  ordered  and  decreed,  That  if  any 
christian,  so  called,  within  this  jurissdiction,  shall 
contemptuously  beare  himselfe  towards  the  word 
preached,  or  the  messengers  that  are  called  to  dis- 
pense the  same  in  any  congregation,  when  hee  doth 
faithfully  execute  his  service,  and  office  therein,  ac- 
cording to  the  will  and  word  of  God,  cither  by  in- 
terrupting him  in  his  preaching,  or  by  charging  him 
falsely  with  an  error,  wiiich  hee  hath  not  taught,  in 
the  open  face  of  the  church,  or  like  a  sonne  of  Ko- 
rah,  cast  uppon  his  true  doctrine,  or  himselfe,  any 
reproach  to  the  dishonor  of  the  Lord  Jesus,  whoe 
hath  sent  him,  and  to  the  disparagement  of  that  his 
holy  ordinance,  and  making  Gods  wayes  contempt- 
'•)lc  and  rediculous,  that  every  such  person  or  per- 
sons, wiiatsoever  censure  the  church  may  passe, 
shall,  for  the  first  scandall  bee  con  vented  and  re- 
proved openly,  by  the  magistrates,  at  some  lecture, 


44 
and  bound  to  their  good  behaviour :  And  if  a  se- 
cond time  they  breake  forth  into  the  hke  contempt- 
uous carriages,  thej  shall  either  pay  five  pounds  to 
the  publique  treasure,  or  stand  two  houres  openly, 
uppon  a  block  or  stoole  foure  foott  high,  uppon  a 
lecture  day,  with  a  paper  fixed  on  his  breast  wTit- 
ten  with  capital  letters,  an-  open  and  obstinate 

CONTEMNER  OF  GODS  HOLY    ORDINANCES,  that    OtllCrS 

may  fear6  and  bee  ashamed  of  breaking  out  into  the 
like  wickedness. 

//  is  ordered  and  decreed  hi/  this  Courte,  and  an- 
thoriti/ thereof ,  That  wheresoever  the  ministery  of  the 
word,  is  established,  according  to  the  order  of  the 
gospeil,  throughout  this  jurissdiction,  every  person 
shall  duely  resorte  and  attend  thereunto  respective- 
ly, uppon  the  Lords  day,  and  uppon  such  publique 
fast  days,  and  dayes  of  thanksgiving,  as  are  to  bee  ge- 
nerally kept  by  the  appointment  of  authority  ;  And  if 
any  person  within  tliis  jurisdiction  sliall^  without  just 
and  necessary  cause,  withdraw  himselfe  from  hearing 
the  publique  ministry  of  the  word,  after  due  meanes 
of  conviction  used,  hee  shall  forfeitt  for  his  absence, 
from  every  such  publique  meeting,  five  shillings  : 
All  such  offences  to  bee  heard  and  determined  by 
any  one  magistrate,  or  more,  from   time  to  time. 


Fforasmuch,  as  the  peace  and  prosperity  of  church- 
es, and  members  thereof,  as  well  as  civill  rights 
and  libberties,  are  carefully  to  bee  maintained  ; 

It  is  ordered  ht/  this  Courfe  and  decreed.  That  the 
civill  authority  heere  established,  hath  power  and 
libberty  to  see  the  peace,  ordinances  and  rules  of 
Christe,  bee  observed  in  every  church,  according 
to  [lis  word  :  As   ailso.   to   deale  with    anv  church 


member,  in  a  way  of  civill  justice,  notwitlislanding 
any  church  relation,  office  or  interest,  so  it  bee 
(lone  in  a  civill,  and  not  in  an  ecleseasticall  way, 
nor  shall  any  church  censure  degrade  or  depose  any 
man  from  any  civill  dignitye,  office  or  authority  hec 
shall  have  in  the  commonwealtli, 

ESCHEATS. 

//  is  ordered  hy  this  Coiirle  and  authority  thereof, 
That  where  no  heire  or  owner  of  howses,  lands,  ten- 
ements, goods  or  chattells,  can  bee  found,  they  shall 
bee  seized  to  the  publiquc  treasury,  till  such  heirs 
or  owners  shall  make  due  claymc  thereunto  ;  unto 
whome  they  shall  bee  restored  uppon  just  and  reas- 
onable termes, 

EXECUTJONS. 

Whereas  by  reason  of  the  great  scarcity  of  mony, 
execution  being  taken  of  scvcrall  persons  goods, 
that  have  been  sould  at  very  cheape  rates,  to  the 
extreme  dammage  of  the  dcl)tor  : 

//  is  therefore  ordered.  That  whatsoever  execu- 
tion shall  bee  grauntcd  uppon  any  delfts  made  after 
the  publishing  of  this  order,  the  creditor  shall  make 
choyce  of  one  partye,  the  debtor  of  a  second,  and 
the  courte  of  a  thirde,  who  shall  prise  the  goods  so 
taken  uppon  execution  aforesaid,  and  deliver  them 
to  the  creditor. 

EXECUTION  UPPON  DELINQUENTS. 

It  is  ordered.  That  the  governor,  or  any  othei 
magistrate  in  this  jurissdiction.  shall  liavc  libberty 


46 

and  power  to  call  forth  any  person  that  hath  beene  ~ 
pubHquely  corrected  for  any  misbehavior,  to  doe 
execution  uppon  any  person  or  persons,  by  whip- 
ping or  otherwise  ;  and  that  at  any  time  hereafter, 
as  occassion  doth  require,  and  in  case  of  defect  or 
want  of  such,  any  other  person,  as  hee  or  they  shall 
thinke  meete. 

FFENCES. 

Ffor  the  preventing  of  differences  that  may  arise,  in 
making  or  setting  downe  of  fences,  as  ^vell  in 
meadow^s  as  up  land  ; 

It  is  ordered,  That  in  the  setting  of  posts  and 
rayles,  or  hedges  in  the  meadow  and  home  lotts, 
there  shall  bee  a  libberty  for  either  partye  of  twelve 
inches  from  the  dividend  lyne,  for  breaking  of  the 
ground  to  sett  the  posts  on,  for  the  laying  on  the 
hedges;  but  the  stakes  and  postes  are  to  be  sett  in 
the  devident  lyne  ;  and  in  upland  there  is  allowed  a 
libbertye  of  foure  foott  for  a  ditch  from  the  divi- 
dend lyne,  ffor  either  of  the  bordering  party es, 
where  the  proportion  of  ffences  belongs  unto  them. 

FFYNES. 

It  is  ordered  by  this  Courte,  That  the  estreits  for 
the  levying  of  ffynes  shall  goe  forth  once  every 
yeare.  both  in  the  townes  on  the  river  and  by  the 
sea  side  ;  and  that  some  officer  in  each  place,  shall 
bee  appointed  to  levye  and  receive  the  same,  and 
the  accounts  to  bee  given  in  by  the  severall  plan- 
tations of  theire  generall  charge,  at  the  Courte  in 
September,  for  the  perfecting  of  the  accounts  be- 
twixt them  ;  Mr.  Ludlow  is  desired  to  graunt  out 
w^arrants  for  the  ffvnes  bv  the  sea  side. 


FFYRE. 

h  is  ordered  by  this  Court e  and  authority  thf  renf^ 
That  whosoever  shall  kindle  any  (ire  in  llie  woods 
or  grounds  lying  in  Common,  or  inclosed,  so  as  the 
same  shall  rurm  into  such  corne  grounds  or  inclos- 
iires,  before  the  tenth  of  the  first  month,  or  after 
the  last  of  the  second  month,  or  on  the  last  da}  of 
the  weeke,  or  on  the  Lords  day,  shall  pay  all  dasn- 
m\ges  and  halfe  so  much,  for  a  fyne,  or  if  not  able  to 
pay,  then  to  bee  corporally  punished  by  warrant 
from  one  magistrate,  or  more,  as  the  oiience  shall 
deserve,  not  exceeding  twenty  stripes  for  one  of- 
fence ;  provided  that  any  man  may  kindle  fyre  up- 
pon  his  owne  ground,  at  any  time,  so  as  no  dam- 
mnge  come  thereby,  either  to  Ihe  country  or  any 
perticular  person  ;  and  whosoever  shall  wittingly 
and  willingly  burne  or  destroy  any  frame,  timber, 
hewne,  sawne,  or  riven,  heapes  of  wood,  charcoale, 
corne,  hay,  strawe,  hampe,  fflaxe,  pitch  or  tarr,  hee 
shall  pay  double  dainmages. 

FFORGERTE. 

If.  is  ordered  hy  this  Courie,  and  authority  thereof. 
That  if  any  person  shall  forge  any  debt,  or  con- 
veyance, testament,  bond,  bill,  release,  acquittance, 
letter  of  attorneye,  or  any  writing  to  prevent  equi- 
ty and  justice,  he  shall  stand  in  the  pillorye  three 
several!  lecture  dayes,  and  render  double  damma- 
ges  to  the  partye  wronged  ;  and  allso,  bee  disabled 
to  give  any  evidence  or  verdict  to  anv  Courte  or 


48 

FFORNICATION. 

It  is  ordered  by  this  Courle  and  authorily  thereof, 
That  if  any  man  shall  committ  ibrnication,  with  any 
single  woman,  they  shall  bee  punnished,  either  by 
injoyning  to  marriage,  or  fyne,  or  corporall  punnish- 
ment,  or  all,  or  any  these,  as  the  Courte  or  ma- 
gistrates shall  appoint,  most  agreeable  to  the  word 
of  God. 

GAMING. 

Uppon  complaint  of  great  disorder,  by  the  use  of 
the  game  called  shuffle  board,  in  howses  of  com- 
mon  interteinement,^  whereby  much  precious 
time  is  spent  unfruitfully,  and  much  waste  of  wyne 
and  bearc  occasioned  ; 

//  is  therefore,  ordered  and  enacted  by  the  authon 
ty  of  this  Courte,  That  no  person  shall  henceforth 
use  the  said  game  of  shuffle  board  in  any  such  howse. 
nor  in  any  other  howse,  used  as  common  for  such 
purpose,  uppon  payne  for  every  keeper  of  such 
howse,  to  forfeitt  for  every  such  offence,  twenty 
shillings  :  And  for  every  person  playing  at  the  said 
game  in  any  such  howse,  to  forfeitt  for  every  such 
offence,  five  shillings  ;  the  like  penalty  shall  bee 
for  playing  in  any  place,  at  any  unlawful!  game. 

GUARDS  AT  MEETING. 

//  IS  ordered  by  this  Courte,  That  there  shall  bee 
a  guard  of  twenty  men  every  sabbath  and  lecture- 
day,  compleat  in  theire  armes,  in  each  several! 
tnwne  uppon  the  river,  and  at  Scabrooke  andffarm- 


40 

ingtori  eigUt  a  piece  ;  each  towne  uppon  the  sea 
side,  in  this  jurissdiction,  ten  :  and  as  the  number  of 
men  increase  in  the  townes,  theire  guardes  are  to 
increase  :  And  if.  is  further  ordered,  that  each  man 
in  tlie  guards  aforesaid,  shall  bee  allowed  halfe  a 
pound  of  powder  yearely.  by  theire  several  townes. 

HIGHEWAYES. 

Whereas  the  mainteining  of  high  wayes,  in  a  fitt 
posture  for  passage,  according -to  the  severall  oc- 
rassions  that  occure,  is  not  onely  necessary,  for 
the  comfort  and  safety  of  man  and  beast,  but 
tends  to  the  prollitt  and  advantage  of  any  people, 
in  the  issue ; 

It  is  thought  fitt  and  ordered,  That  each  towne 
within  this  jurissdiction  shall,  ev^ery  yeare,  chuse 
one  or  two  of  theire  inhabitants,  as  surveyors,  to 
take  care  of,  and  oversee  the  mending  and  repair- 
ing of  the  highways  within  their  severall  townes 
respectively,  who  have  hereby,  power  allowed 
them  to  call  out  the  severall  cartes  or  persons  fitt 
for  labour  in  each  towne,  two  dayes  at  least,  in 
each  yeare,  and  so  many  more,  as  in  his  or  theire 
judgements,  shall  bee  found  necessarry  for  the  at- 
taming  of  the  aforementioned  end,  to  be  directed  ii. 
thcire  worke  by  the  said  surveyor  or  surveyors  , 
and  it  is  left  to  his  or  theire  libberties,  either  to  re- 
quire the  labour  of  the  severall  persons  in  any  fam 
ilye,  or  of  a  teame  and  one  person,  where  such  arc, 
as  hee  finds  most  advantageous  to  the  publique  oc- 
cassions,  hee  or  they  giving  at  least  three  dayes  no 
tice  or  warning  beforehand,  of  such  imployment , 
audif  any  refuse  orneglect  to  attend  the  service  in 
ny  manner  aforesaid,  hee  shall  forfeit  for  everv 


days  iiieglect  of  a  mans  worke,  two  shillings  six 
pence,  and  of  a  teame,  sixe  shillings  5  which  said' 
fynes  shall  bee  imployed  by  the  surveyors  to  hire  I 
others  to  worke  in  the  said  w^ayes  ;  and  the  sur- 
veyors shall,  within  foure  dayes  after  the  severalL 
dayes  appointed  for  worke,  deliver  in  to  some  ma- 
gistrate, a  true  presentment  of  all  such  as  have 
beene  defective,  with  theire  severall  neglects,  who 
are  immediately  to  graunt  a  distress  to  the  marshal! 
or  constable,  for  the  levying  of  the  incurred  forfeit- 
ure, by  them  to  bee  delivered  to  the  surveyors,  for 
the  use  aforesaid ;  and  if  the  surveyor  neglect  to 
performe  the  service  hereby  committed  to  him, 
either  in  not  caUing  out  all  the  inhabitants  in  theiic 
severall  proportions,  as  before,  or  shall  not  returne 
the  names  of  those  that  are  deficient,  hee  shall  incurr 
the  same  penalty  as  those  whome  hee  so  passes  by, 
are  lyable  to,  by  virtue  of  this  order ;  which  shall 
bee  imployed  to  the  use  aforesaid,  and  to  bee  levy- 
cd  allso  by  distress,  uppon  information  and  proofe 
before  any  one  magistrate. 

IDLENES. 

//  is  ordered  hy  this  courte  and  aiithorih/  thereof^. 
That  no  person,  howseholder,  or  other,  shall  spend 
his  time  idlely  or  unprotitably,  under  paine  of  such 
punnishment,  as  the  courte  shall  thinke  meete  to  in- 
flict, and  for  this  end,  it  is  ordered,  that  the  consta- 
ble of  every  place,  shall  use  speciall  care  and  dilh- 
gence,  to  take  knowledge  of  offenders  in  this  kinde  ; 
especially,  of  common  coasters,  unprofitable  fow- 
lers, and  tobacko  takers,  and  present  the  same  unto 
any  magistrate,  who  shall  have  power  to  heare 
and  determine  the  case,  or  transsfer  it  to  the  next 
courte 


INDIANS. 

It  is  ordered  and  decreed,  That  where  any  com- 
pany of  Indians  doe  sitt  downe  neare  any  English 
plantations,  that  they  shall  declare  who  is  theire 
Sachem  or^  Cheife,  and  that  the  said  Cheife  or  Sa- 
chem shall  pay  to  the  said  English,  such  tresspasses 
as  shall  bee  committed  by  any  indian,  in  the  saifl 
plantation  adjoyning,  either  by  spoyling  or  killing 
any  cattle  or  swyne,  either  with  trapps,  doggs  or 
arrowes ;  and  they  are  not  to  pleade,  that  it  was 
done  by  strangers,  unless  they  can  produce  the  par- 
tye,  and  deliver  him  or  his  goods  into  the  custody 
of  the  English ;  and  they  shall  pay  the  double  dam- 
mage,  if  it  were  done  voluntarily.  -The  like  in- 
gagement  this  courte  allso  makes  to  them,  in  case 
of  wrong  or  injurye  done  to  them  by  the  English  ; 
which  shall  bee  paid  by  the  partye  by  whome  it  was 
done,  if  hee  can  bee  made  to  appeare  ;  or  other- 
wise, by  the  towne  in  w^hose  limmits  such  facts  are 
committed, 

Fforasmuch,  as  our  lenity  and  gentlenes  towards 
indians,  hath  made  them  growe  bold  and  insolent 
to  enter  into  English  mens  bowses  and  unadvis- 
edly handle  swords,  and  peeces,  and  other  in- 
struments, many  times  to  the  hazzard  of  limbs  or 
lives  of  English  or  indians;  and  allso,  oft  steale 
diverse  goods  out  of  such  bowses  where  thev 
resorte,  for  the  preventing  whereof, 

It  is  ordered,  That  whatsoever  indian  shall  here- 
after, meddle  with,  or  handle  any  English  mans 
w<3apons  of  any  sorte,  either  in  theire  bowses,  or  in 
Jie  fcilds,  they  shall  forfeitt  for  every  such  defaulte, 


52 

halfe  a  fathom  of  wampum  ;  and  if  anyhurte  or  iii- 
jurye  shall  thereuppon  follow  to  any  persons  life  or 
limbe,  though  accidcntall,  they  shall  pay  life  for 
life,  limbe  for  limbe,  wound  for 'wound  ;  and  shall 
pay  for  the  healing  of  such  wounds,  and  other  dam- 
mages  :  And  for  any  t hinge  they  steale,  they  shall 
pay  double,  and  suffer  such  further  punnishment  as 
the  magistrates  shall  adjudge  them.  The  constable 
of  any  towne  may  attache  and  arrest  any  indian  that 
shall  transsgress  in  any  such  kinde  beforcmentioned, 
and  bring  them  before  some  magistrate,  who  may 
execute  the  penalty  of  this  order  uppon  offenders 
in  any  kinde,  except  life  or  limbe  ;  and  any  per- 
son that  doth  see  such  defaults,  may  prosecute,  and 
shall  have  halfe  the  forfeiture. 

It  is  ordered  hij  this  courte^  and  authority  thereof, 
That  no  man  within  this  jurissdiction,  shall  directly, 
or  indirectly,  amend,  repaire,  or  cause  to  be  amend- 
ed or  repared,  any  gunn,  small  or  great,  belonging  to 
any  indian,  nor  shall  indeavor  the  same,  nor  shall  sell 
nor  give  to  any  indian,  directly  or  indirectly,  any 
such  gunn,  nor  any  gunpowder  or  shott,  or  lead,  or 
shott  mould,  or  any  millitary  weapon  or  weapons, 
armor,  or  arrowe  heads,  nor  shall  sell  nor  barter, 
nor  give  any  dogg  or  doggs,  small  or  great,  uppon 
paine  often  pounds  fyne  for  every  offence,  at  least, 
in  any  one  of  the  aforementioned  perticulars ;  and 
the  court  shall  have  power  to  increase  the  fyne,  or 
to  impose  corporall  punnishment,  where  a  fyne  can- 
nott  bee  had,  at  theire  discretion. 

And  it  is  allso  ordered^  That  no  person  nor  per- 
sons shall  trade  with  them,  at,  or  about  theire  wig- 
v/ams,  but  in  theire  vessells  or  pinnaces,  or  at  theire 
owne  howses,  on  penalty  of  twenty  shillings  for  each 
default. 


Whereas  it  doth  appeare,  that  notwithstanding  the 
former  lawes  made  against  selling  gunns  and  pow- 
der, to  indians,  they  are  yet  supplied  hy  indirect 
means ; 

//  is  therefore  ordered  and  decreed,  That  if  any 
person,  after  publishing  of  this  order,  shall  sell,  bar- 
ter or  transporte  any  gunns,  powder,  bullitts  or 
lead,  to  any  person  inhabiting  out  of  this  jurissdic- 
tion,  without  license  of  this  courte,  or  from  some 
two  magistrates,  hee  shall  forfeitt  for  every  gunn, 
ten  pounds:  for  every  pound  of  gun  powder,  five 
pounds ;  for  every  pound  of  bullitts,  or  lead,  forty 
shillings ;  and  so  proportionably,  for  any  greater  or 
lesser  quantity;  provided  notwithstanding,  that  is 
left  to  the  judgement  of  the  courte,  that  where  any 
offence  is  committed  against  the  said  order,  either 
to  agravate  or  lessen  the  penalty,  according  as  the 
nature  of  the  oifence  shall  require. 

Wliereas  diverse  persons  departe  from  amongst  us. 
and  take  up  theire  abode  witii  the  Indians,  in  a 
prophane  course  of  life,  for  the  preventing  where- 
of ; 

Ft  IS  ordered.  That  whatsoever  person  or  persons, 
ihat  now  inhabiteth,  or  shall  inhabitt  within  this  Ju- 
rissdiction.  and  shall  departe  from  us,  and  settle  or 
ioyne  with  the  indians,  that  they  shall  suffer  three 
rears  isiprisonment,  at  least,  in  the  howse  of  cor- 
rection;  and  undergo  such  further  censure,  by  fyne 
or  corporall  punnishment.  as  the  perticular  courte 
shall  judge  meete  to  inflict  in  such  cases. 

^Miereas  the  ffrcnch.  Dutch,  and  other  forraigne 
nations  doe  ordinarilv  trade  irtmns.  powder,  shott. 


54 

Szc,  with  tiie  indians,  to  our  great  prejudice,  and 
the  strengthening  and  animating  of  the  indians 
against  us,  as  by  dayly  experience  we  finde  ;  and 
whereas  the  aforesaid  flrcnch,  Dutch,  &c.  doe 
prohibitt  all  trade  with  the  indians,  within  theire 
respective  jurissdictions,  under  penalty  of  con- 
fiscation ; 

It  is  therefore,  hereby  ordered  by  this  coiirle  and 
authoriiy  thereof.  That  after  due  publication  here- 
of, it  shall  not  bee  lawful!  for  any  iTrenchmen,  Dutch- 
men, or  person  of  any  other  forraigne  nation,  or  any 
English  living  amongst  them,  or  under  the  gov- 
ernment of  them,  or  any  of  them,  to  trade  with  any 
indian  or  indians,  within  the  limmits  of  this  juriss- 
diction,  either  directlj^  or  indirectly,  by  themselves 
or  others,  under  penalty  of  confiscation  of  all  such 
goods  and  vessells,  as  shall  bee  found  so  trading,  or 
the  due  value  thereof,  uppon  just  proofe  made  of 
any  goods,  or  any  vessells  so  trading  or  traded  :  And 
it  shall  bee  lawful  for  any  person  or  persons  inhab- 
iting within  this  jurissdiction,  to  make  seizure  of 
any  such  goods  or  vessells  trading  with  the  indians, 
as  by  this  law  is  prohibited,  the  one  halfe  whereof 
shall  bee  to  the  propper  use  and  benefitt  of  the 
partye  seizing,  and  the  other  to  the  publique. 

This  courte  judging  it  necessary  that  some  means 
should  bee  used  to  convey  the  light  and  knowledge 
of  God  and  his  worde  to  the  indians  and  natives 
amongst  us,  doe  order,  that  one  of  the  teaching  el- 
ders of  the  churches  in  this  jurissdiction,  v/ith  the 
helpe  of  Thomas  Staunton,  shall  bee  desired,  twise, 
at  least,  in  every  yeare,  to  goe  amongst  the  neigh- 
bouring indians,  and  indeavour  to  make  knov/ne  to 
them,  th-8  councelis  of  the  Lord,  asid  thereby  to 
draw  and   stirr  tlicm   u;>  :   to  direct   and    order  all 


theire  wayes  and  conversations,  according  to  the 
rule  of  his  worde  ;  and  Mr.  Governor,  and  Mr. 
Deputy,  and  the  other  magistrates,  are  desired  to 
take  care  to  see  the  thinge  attended,  and  with 
theire  owne  presence,  so  farre  as  may  bee  conven- 
ient, incourage  the  same. 

This  courte  having  duly  weighed  the  joint  deter- 
mination and  agreement  of  the  commissioners  of 
the  United  English  colonyes,  at  New-Haven,  of 
Amio  1646,  in  reference  to  the  indians,  and  judg- 
ing it  to  bee  both  according  to  rules  of  prudence 
and  righteousnes,  doe  fully  assent  thereunto,  and 
order  that  it  bee  recorded  amongst  the  acts  of  this 
courte,  and  attended  iu  future  practice,  as  occas- 
sions  may  present  and  require  ;  The  said  conclu- 
sion is  as  follows  : 

The  commissioners  seriously  considering  the  ma- 
ny willfull  wTongs  and  hostile  practices  of  the  in- 
dians, against  the  English,  together  with  theire  Jn- 
terteining,  protecting  and  rescuing  of  otfenders,  as- 
late  our  experience  sheweth,  which,  if  suflered,  the 
peace  of  the  colonyes  cannot  bee  secured  ; 

It  is  therefore  concluded,  that  in  such  case,  the 
magistrates  of  any  of  the  jurissdictions,  may,  at  the 
charge  of  the  plaintiti^,  send  some  convenient 
strenirht  of  EnLrlisli.  and  accordino;  to  the  nature  and 
value  of  the  otFence  and  dammage,  seize  and  bring 
away  any  of  that  plantation  of  indians  that  shall  in- 
terteine,  protect  or  rescue  the  otfendor,  though  hee 
should  bee  in  another  jurissdiction,  when  through 
distance  of  place,  commission  or  direction  cannott 
bee  had,  after  notice  and  due  warning  given  them, 
as  actors,  or  at  least,  accessary  to  the  injurye  and 
dammage  done  to  the  Ejiglish  ;  onely  women  and 
children  to  bee  sparin;;!y  seized,  un!t5>  knowne  to 
bee  someway  sjuillv  :  and  b(M^ause  it  will  be  char2;e- 


.      S3 


able  keeping  Indians  in  prison,  and  if  they  should 
escape,  they  arc,  hke  to  prove  more  insolent  and 
dangerous  after.  It  was  thought  fitt.  that  uppon 
such  seizure,  the  delinquent,  or  satisfaction  bee  a- 
gain  demanded  of  the  Sagamore,  or  plantation  of  In- 
dians guilty,  or  accessary,  as  before;  and  if  it  bee 
denyed,  that  then  the  magistrates  of  this  jurissdic- 
tion,  deliver  up  the  indian  seized  by  the  partye  or 
partyes  endammaged,  either  to  serve,  or  to  bee 
shipped  out  and  exchanged  for  neagers,  as  the  case 
will  Justly  beare;  and  though  the  comissioners  fore- 
see, that  said  severe,  though  just  proceeding  may 
provoke  the  indians  to  an  unjust  seizing  of  some  oi 
ours,  yet  they  could  not,  at  present,  find  no  better 
means  to  preserve  the  peace  of  the  colonyes  ;  all 
the  aforementioned  outrages  and  insolences  tending 
to  an  open  warr  ;  onely  they  thought  fitt,  that  before 
any  such  seizure  bee  made  in  any  plantation  of  in- 
dians, the  ensuing  declaration  bee  published,  and  a 
coppye  given  to  the  perticular  Saggamores. 

The  commissioners  for  the  United  Colnoyes  con- 
sidering how  peace  with  righteousnes  may  bee 
preserved  betwixt  all  the  English,  and  the  several! 
plantations  of  the  indians,  thoitght  fitt  to  declare 
and  publish,  as  they  will  doe  no  injurye  to  them,  so 
if  any  indian  or  indians  of  what  plantation  soever, 
doe  any  willfull  dammage  to  any  of  the  English  col- 
onyes, uppon  proofe,  they  will  in  a  peaceable  way, 
require  just  satisfaction,  according  to  the  nature  of 
the  offence  and  dammage  ;  but  if  any  Saggamore  or 
plantation  of  indians,  after  notice  and  due  warn- 
inge,  interteine,  hyde,  protect,  keepe,  convey  a- 
way,  or  further  the  escape  of  any  such  offendor  or 
Oifendors,  the  English  will-  require  satisfaction  of 
such  indian  and  Sag^^amoie,  or  indian  plantation  ; 
arid  if  thev  denv   it.    thr^v  wil   riiriit   themselves,   as 


57 

thoy  may,  uppou  such  as  so  ineiiiteinc  them  that 
doe  the  wrong,  keeping  peace  and  all  terme»  of  am- 
ity and  agreement  with  all  otlicr  indians. 

INKEEPERS. 

Fforasmuch,  as  there  is  a  necessary  use  of  howscs 
of  common  interteinemcnt,  in  every  common- 
wealth, and  of  such  as  retailc  wine,  beare  and 
victualls  ;  yet,  because  there  arc  so  many  abuses 
of  that  lawfull  libbcrty,  both  by  persons  intertein- 
ing,  and  persons  interteined,  there  is  allso  need 
of  strict  lawes  and  rules  to  regulate  such  an  im- 
ployment ; 

//  is  therefore  ordered  hy  this  Courte  and  authori- 
ty thereof  That  no  person  or  persons  licenced  for 
common  interteinment,  shall  suffer  any  to  bee 
drunken,  or  drinke  excessively,  viz.  above  halfe  a 
pinte  of  wyne,  for  one  person,  at  one  time,  or  to 
continue  tipling  above  the  space  of  halfe  an  houre, 
or  at  unreasonable  times,  or  after  nine  of  the  clock 
at  night,  in  or  about  any  of  theire  bowses,  on  pen- 
alty of  five  shillings  for  every  such  offence  ;  and 
every  person  found  drunken,  viz.  so  that  hee  bee 
thereby  bereaved  or  dissablcd  in  tlie  use  of  his  un- 
derstanding, appearing  in  his  speech  or  gesture,  in 
any  of  the  said  bowses  or  elsewhere,  shall  forfeitt 
ten  shillings  ;  and  for  excessive  drinking,  three  shil- 
lings foure  pence  :  and  for  continuing  above  halfe 
an  houre,  tipling,  two  shillings  six  pence  ;  and  for 
tipling  at  unseasonable  times,  or  after  nine  o'clock 
at  night,  five  shillings,  for  every  offence  in  these 
perticulars,  being  lawfully  convicted  thereof;  and 
for  want  of  payment,  such  shall  bee  imprisoned  un- 
till  they  pay.  or  bee  sett  in  the  storks,  one  houre  or 


58 

more,  in  some  open  place,  as  the  weather  will  per- 
mitt,  not  exceeding  three  houres  at  one  time  ;  pro- 
vided, notwithstanding,  such  licensed  persons  may 
interteine  seaffiring  men  or  land  travellers  in  the 
night  season,  when  they  come  first  on  shoare,  or  from 
theire  journeye,  for  Iheire  necessary  refreshment,  or 
when  they  prepare  for  theire  voyage  orjournye  the 
next  day  early,  so  bee  no  dissorder  amongst  them  , 
and  allso,  strangers  and  other  persons,  in  an  order- 
ly way,  may  continue  at  such  howses  of  com- 
mon interteinement  during  meal  times,  or  uppon 
lawfull  business,  what  time  theire  occassions  shall 
require, 

Andit  is  allso  ordered,  That  if  any  person  offend  in 
drunkenness,  excessive  or  long  drinking,  the  se- 
cond time,  they  shall  pay  double  fynes  ;  and  if 
they  fail  into  the  same  offence  the  third  time, 
they  shall  pay  treble  fynes  and  if  the  parties  bee 
not  able  to  pay  theire  fynes,  then  hee  that  is 
found  drunken  shall  bee  punnished  by  whipping,  to 
the  number  of  ten  stripes ;  and  hee  that  offends 
})y  excessive  or  long  drinking,  shall  bee  put  into 
the  stocks  for  three  hours,  when  the  weather  may 
not  hazzard  his  life  or  limbs ;  and  if  they  offend 
the  fourth  time,  they  shall  bee  imprisoned  untill 
they  put  in  two  sufficient  sureties  for  their  good 
behovior. 

And  it  is  further  ordered.  That  the  severall  townes 
uppon  the  river,  within  this  jurissdiction,  shall  pro- 
vide amongst  themselves,  in  each  towne,  one  suf- 
ficient inhabitant,  to  keepe  an  ordinary  for  provis- 
ion and  lodging,  in  some  comfortable  manner,  that 
passengers  or  strangers  may  know  where  to  resorte ; 
and  such  inhabitants,  as  by  the  severall  townes, 
shall  bee  chosen  for  the  said  service,  shall  bee 
presented  to  two  magistrates,  that  they  may  judge 


69 

itiecte  for  that  iinploymeiit ;  and  this  to  be  eflfcct- 
ed  by  the  severall  townes  within  one  month,  under 
the  penalty  of  forty  shillings  a  month,  for  each 
month  that  either  towne  shall  neglect  the  same. 

And  it  is  allso  further  ordered.,  That  every  in- 
keeper  or  victuailer  shall  provide  for  interteine- 
ment  of  strangers  horses,  viz.  one  or  more  inclos- 
ures  for  summer,  and  hay  and  provender  for  win- 
ter, with  convenient  stable  roome  and  attendance, 
under  penalty  of  two  shillings  six  pence  for  every 
dayes  default,  and  double  dammage  to  the  partye 
thereby  wronged,  except  it  bee  by  inevitable  acci- 
dent. 

Lastly,  It  is  ordered  by  the  authority  aforesaid, 
That  all  constables  may,  and  shall,  from  time  to 
time,  duely  make  search  throughout  the  limmitts  of 
theire  townes,  uppon  Lords  dayes  and  lecture 
dayes,  in  times  of  exercise  ;  and  allso,  at  all  other 
times,  so  oft  as  they  shall  see  cause,  for  all  offences 
and  oiTendors  against  this  law,  in  any  the  perticu- 
lars  thereof ;  and  if  uppon  due  information  or  com- 
plaint of  any  of  theire  inhabitants,  or  other  credible 
i^ersons  whether  taverner,  victualler,  tabler,  or  oth- 
er, they  shall  refuse  or  neglect  to  make  search  as 
aforesaid,  or  shall  not  to  theire  power,  performe  all 
other  thinges  belonging  to  theire  place  or  oHice  of 
constableship,  then  uppon  complaint  and  due  proofe 
before  any  one  magistrate,  within  three  months  af- 
ter such  refusall  or  neglect,  they  ^hall  bee  fyned 
for  every  such  otfence,  ten  shillings,  to  bee  levied 
by  the  marshall,  as  in  other  cases,  by  warrant  from 
such  magistrate  before  whome  they  are  convicted, 
or  warrant  from  the  Treasurer,  uppon  notice  from 
such  magistrate. 

It  is  ordered  by  this  courte  and  authority  thereof 
That  no  inkeeper,,  victualer,  wine  drawer,  or  other, 


60 

shall  deliver  any  wyne,  nor  suffer  any  to  bee  deliv- 
ered out  of  his  howse  to  any  which  come  for  it,  un- 
less they  bring  a  note  under  the  hand  of  some  one 
master  of  some  familye  and  allowed  inhabitant  of 
that  towne  ;  neither  shall  sell  or  draw  any  hott  wa-  i 
ter  to  any,  but  in  case  of  necessitye,  and  in  such  j 
moderation  for  quantity,  as  they  have  good  grounds  J 
to  conceive  it  may  not  bee  abused,  and  shall  bee  ,1 
ready  to  give  an  account  of  theire  doings  herein,  . 
when  they  are  called  thereto,  under  censure  of  the  ,! 
courte,  in  case  of  delinquency. 

INDITEMENTS. 

If  any  person  shall  bee  indicted  for  any  capitall 
crime,  who  is  not  then  in  durance,  and  shall  refuse 
to  render  his  person  to  some  magistrate,  within  one 
month  after  three  proclamations  publiquely  made 
in  the  town  w^here  bee  usually  abides,  there  being  a 
month  betwixt  proclamation  and  proclamation,  his 
lands  and  goods  shall  bee  seized  to  the  use  of  the 
common  treasury,  till  hee  make  his  lawfull  appear- 
ance, and  such  withdrawing  of  himselfe,  shall  stand 
in  stead  of  one  wittness  to  prove  his  crime,  unless 
hee  can  make  it  appeare  to  the  courte,  that  hee  was 
necessarily  hindredi 

JURYES  AND  JURORS. 

It  is  ordered  hy  the  authority  of  this  courte,  That 
in  all  cases  which  are  entred,  under  forty  shilhngs, 
the  sute  shall  bee  left  to  be  tryed  by  the  cohrte  of 
magistrates,  as  they  shall  judge  most  agreeable  to 
equity  and  righteousnes  ;  and  in  all  cases  that  are 
tryed  by  juries,  it  is  left  to  the  magistrates  to  im- 
pannell  a  jury  of  sixe  or  twelve,  as  they  shall  judge 


Gl 

the  nature  of  the  case  shall  require  :  and  if  foure  of 
sixe,  or  eight  of  twelve  agree,  the  verdict  shall  bee 
deemed,  to  all  intents  and  purposes,  sufHcient  and 
full ;  uppon  which,  judgment  may  bee  entred  and 
execution  granted^  as  if  they  had  all  concurred  ;  but 
if  it  fall  out,  that  there  bee  not  such  a  concurrence, 
as  is  before  mentioned,  the  jurors  shall  returne  the 
case  to  the  courte  with  theire  reasons,  and  a  spe- 
ciall  verdict  is  to  be  drawne  thereupon,  tmd  the  vote 
of  the  greater  number  of  magistrates  shall  carryethe 
same,  and  the  judgment  to  bee  entred,  and  other 
proceedings  as  in  case  of  a  verdict  by  a  jury. 

Jnd  it  is  further  ordered,  That  the  courte  of  ma- 
gistrates shall  have  libbertye,  (if  they  do  not  fuide 
in  theire  judgements  the  jury  to  have  attended  the  ' 
evidence  given  in,  and  true  issue  of  the  case  in 
tlu'ire  vei'dict)  to  cause  them  to  returne  to  a  second 
consideration  thereof ;  and  if  they  still  persist  in 
theire  former  opinion,  to  the  dissatisfaction  of  the 
courte,  it  shall  bee  in  the  power  of  the  Courte,  to 
impannell  another  jurye,  and  committ  the  conside- 
ration of  the  case  to  them  :  and  it  is  allso  left  in 
the  power  of  tlie  courte  to  varye  and  alter  the  dam- 
mages  given  in  by  any  jurye,  as  tiicy  shall  judge 
most  equall  and  righteous  ;  provided,  that  what  al- 
teration shall  at  any  time  bee  made  in  that  kinde. 
bee  done  in  open  courte,  before  piaintiif  and  de- 
fendant, or  afhdavitt  made,  that  they  have  beene 
required  to  bee  present;  and  that  alteration  which 
is  made,  bee  done  either  the  same  courte,  or  pro- 
vision made  to  secure  the  verdict  of  the  jury,  untill 
the  case  bee  fully  issued  :  And  whereas  many  per- 
sons, after  their  sevei*all  eauses  in  courte  have 
beene  tryed  and  issued,  have  slipt  away,  or  other- 
wise neglected,  if  not  refused,  to  pay  the  charges 
of  the  courte,  according  to  order,  for  preventing 
6 


62 

thereof,  for  the  future,  it  is  ordered,  that  whosoever 
shall  have  any  action  or  sute  in  Courte  after  pub- 
lishing hereof,  shall,  as  soon  as  his  cause  is  issued, 
pay  the  whole  charges  of  the  courte,  that  concernes 
either  jury  or  secretary,  before  hec  departs  the 
same  ;  and  the  like  allso  shall  bee  done  by  all  tho-e 
wdiose  actions  are  not  taken  up  and  withdravvne 
before  the  sitting  of  the  courte  wherein  they  were 
to  be  tryed,  or  otherwise,  for  neglect  or  nonper- 
formance of  either,  bee  committed  to  prison,  there 
to  remaine  till  hee  or  they  have  satisfied  the  same. 

GRAND  JURY. 

It  is  ordered  and  decreed,  That  there  shall  be  a 
grand  jury  of  tv/elve  or  fourteen  able  men,  warned 
to  appear  every  courte,  yearly,  in  September,  or 
as  many  and  oft  as  the  Governor  or  courte  shall 
thinke  meete,  to  make  presentment  of  the  breaches 
of  any  lawes  or  orders,  or  any  other  missdeamean- 
ors  they  shall  know  of  in  this  jurissdiction. 

LANDS.     FREELANDS. 

It  is  ordered,  and  by  this  courte  declared,  That  our 
lands  and  heritages,  shall  be  free  from  all  fynes  and 
lycences  uppon  alienations ;  and  from  all  harriotts, 
wardships,  liveries,  primer  seizins,  yeare  day  and 
waste,  escheats  and  forfeitures,  uppon  the  death  oi 
parents  or  ancestors,  bee  they  naturall,  unnatural!, 
casuall  orjuditiall,  and  that  forever. 

LEVYES. 

Fforasmuch  as  the  marshalls  and  other  officers, 
^  have  complained  to  this  courte,  that  they  are  of- 


t;.> 


leu  times   in  great  doubt  how  to  demean  them- 
selves in  the  execution  of  their  ofliccs  ; 

II  is  ordered  hij  the  authoritij  of  this  courte,  That 
in  case  of  fynes  and  assessments  to  bee  leyyed,  and 
uopon  execution,  in  civill  actions,  the  officer  shall 
dcinand  the  same  of  the  party,  or  at  his  howse  and 
place  of  usuall  aboade,  and  uppon  refusall  or  non- 
payment, hee  shall  have  power  of  calling  the  con- 
stable, if  hee  see  cause  for  his  assistance,  to  breake 
open  the  dore  of  any  howse,  chest,  or  place,  where 
hee  shall  have  notice  that  any  goods  lyable  to  such 
Jevye  or  execution,  shall  bee ;  and  if  hee  bee  to 
take  the  person,  hee  may  doe  the  like,  if  uppon  de- 
maund,  hee  shall  refuse  to  render  himselfe  ;  and 
whatsoever  charges  the  officer  shall  necessarily  bee 
put  unto  uppon  any  such  occassion,  hee  shall  have 
power  to  levye  the  same,  as  hee  doth  the  debt, 
fyne  or  execution  ;  and  if  the  officer  shall  levye 
any  such  goods  uppon  execution,  as  cannot  bee 
conveyed  to  the  place  where  the  party  dwells, 
for  whome  such  execution  shall  bee  levyed,  with- 
out considerable  charge,  hee  shall  levye  the  said 
charge  allso  with  the  execution :  the  like  order 
shall  bee  observed  in  levyijig  of  fynes,  provided, 
it  sha^l  not  bee  lawfull  for  such  officer  to  levye 
any  mans  necessary  bedding,  apparrell,  tooles  or 
armes,  neither  implenjents  of  household,  which 
ire  for  the  necessary  upholding  of  his  lite  ;  but 
in  such  case,  hee  shall  Icveye  his  land  or  per- 
son, according  to  law  ;  and  in  no  case,  shall  the 
ollicer  bee  put  to  seeko  out  any  mans  estate  fur- 
iiier  then  his  place  of  aboade  ;  but  if  the  party  will 
not  discover  his  goods  or  land,  the  officer  may 
take  his  person. 

*4nd  it  is  allso  ordered  and  declared,  That  if  any 


64 

officer  shall  doe  injurye  to  any,  by  colour  of  his 
office,  in  these,  or  any  other  cases,  hee  shall  bee 
lyable,  iippon  complaint  of  the  party  wronged,  by 
action  or  infornnation,  to  make  full  restitution. — See 
Marshall, 

LYINGE. 

Whereas  truth  in  words,  as  well  as  in  actions,  is  re- 
quired of  all  men,  especially,  of  christians,  who 
are  the  professed  servants  of  the  Lord  of  truth ; 
and  whereas  all  lying  is  contrary  to  truth,  and 
some  sortes  of  lyes  are  not  only  sinfull,  as  all  lyes 
are,  but  allso,  pernicious  to  the  publique  weal 
and  injurious  to  perticular  persons  : 

It  is  therefore  ordered  by  this  courte,  and  authori 
ty  thereof  That  every  person  of  the  age  of  dis- 
cretion, which  is  accounted  fourteene  yeares,  who 
shall  wittingly  and  willingly,  make  or  publish  any 
lye,  which  may  bee  pernicious  to  the  publique  weal, 
or  tending  to  the  dammage  or  injury  of  any  pertic- 
ular person,  to  deceive  and  abuse  the  people  with 
false  news  or  reportes,  and  the  same  duly  prooved 
in  any  courte,  or  before  niiy  one  magistrate,  who 
hath  hereby  power  graunted,  to  heare  and  deter- 
mine all  offences  against  this  lawe,  such  persons 
shall  bee  fyned  for  the  tirst  otfence,  ten  shillings, 
or  if  the  party  bee  unable  to  pay  the  same,  then  to 
bee  sett  in  the  stocks  so  long  as  the  said  courte  or 
magistrate  shall  appointe,  in  some  open  place,  not 
exceeding  three  houres ;  for  the  second  offence  in 
that  kinde,  whereof  any  shall  bee  legally  convicted, 
the  summe  of  twenty  shillings,  or  be  whipped  up- 
pon  the  naked  body,  not  exceeding  twenty  stripes, 
and  for  the  third  offence  that  wav,  fortv  shillin2:s, 


or  if  the  party  bee  unable  to  pay,  then  to  bee  whip* 
ped  with  more  stripes,  not  exceeding  thirtye  ;  and 
it^yett,  any  shall  oflcnd  in  like  kinde,  and  bee  le- 
gally convicted  thereof,  such  person,  nnale  or  fe- 
male, shall  bee  fyned  ten  shillings  at  a  time,  more 
tlicn  formerly,  or  if  the  party  so  ofTending,  bee  un- 
able to  pay,  then  to  be  whipped  with  live  or  six 
stripes  more  then  formerly,  not  exceeding  forty  at 
any  time:  And  for  all  such  as  being  under  age  of 
discretion,  that  shall  offend  in  lyinge  contrary  to 
ibis  order,  theire  parents  or  masters  shall  give  them 
diic  correction,  and  that  in  the  presence  of  some 
olHcer,  if  any  magistrate  shall  so  appointe ;  provid- 
ed allso,  that  no  person  shall  bee  barred  of  his  just 
action  of  slander,  or  otherwise,  by  any  proceeding 
uppon  this  order. 

MASTERS,  SERVANTS,  SOJOURNERS. 

//  is  ordered  by  this  courte  and  aulJiority  thereof, 
That  no  master  of  a  family e  shall  give  intertein- 
mcnt  or  habitation  to  any  younge  man  to  sojourne 
in  his  familye,  but  by  the  allowance  of  the  inhabit- 
ants of  the  towne  where  he  dwells,  under  the  pen- 
alty of  twenty  shillings  per  week  :  And  it  is  allso  or- 
dered, That  no  young  man  that  is  neither  married, 
nor  hath  any  servant,  nor  is  a  publique  officer,  shall 
•kcepe  howse  by  himselfe.  without  the  consent  of 
the  towne,  for,  and  under  paine  or  penalty  of  twenty 
shillings  a  week. 

//  is  allso  ordered  by  the  av.ihoriiy  aforesaid.  That 
no  servant,  either  man  or  maid,  shall  either  give, 
sell  or  truck,  any  commodity  whatsoever,  without 
license  from  theire  master,  during  the  time  of 
theire  s.ervice,  under  paine  of  fyne  or  corporall 
punnishment.  at  the    discretion  of  llic  Courte.  as 


66 

the  offence  shall  deserve ;  and  that  all  workmen  shall 
work  the  whole  day.  allowing  convenient  time  for 
food  and  rest. 

It  is  allso  ordered^  Tliat  when  any  servants  shall 
riinn  from  theire  masters,  or  any  other  inhabitants 
shall  privately  goe  away  with  suspicion  of  ill  inten- 
tions, it  shall  bee  lawfuU  for  the  next  magistrate,  or 
the  constable  and  two  of  the  cheifest  inhabitants, 
vrhere  no  magistrate  is,  to  press  men  and  boates  or 
pinnaces,  at  the  publique  charge,  to  pursue  such 
persons  by  sea  or  land,  and  bring  them  back,  by 
force  of  armes. 

And  whereas  many  stubborne,  refractory  and  dis- 
contented servants  and  apprentices,  withdraw 
themselves  from  theire  masters  services,  to  im- 
prove theire  time  to  theire  owne  advantage,  for 
the  preventing  whereof. 

It  is  ordered^  That  whatsoever  servant  or  appren- 
tice shall  hereafter  offend  in  that  kinde,  before  theire 
covenants  or  terme  of  service  are  expired,  shall  serve 
theire  said  masters,  as  they  shall  be  apprehended  or 
retained,  the  treble  term,  or  three  fold  time  of  theire 
absence  in  such  kinde. 

MANSLAUGHTER. 

//  is  ordered  by  this  court  and  authoriiy  thereof^ 
That  if  any  person  in  the  just  and  necessary  de-  ^ 
fence  of  his  life,  or  the  life  of  any  other,  shall  kill  '" 
any   person   attempting  to    rob  or  rnurther  in  thev 
feilds  or  higheway,  or  to  breake  into  any  dwelling 
liowse,  if  hee  conceive  hee  cannot  with  safety  of 
his  owne  person,  otherwise  take  the  ffellon,  or  as- 
sailant, and  bring  him  to  tryall.  hee  shall  be  houlden 
])Iameless. 


MAGISTRATES. 

This  courle  being  sensible  of  (he  great  dissorders 
growing  in  this  commonweaUh,  through  the  con- 
tempts cast  uppon  the  civill  authority  which 
wilhng  to  prevent, 

Doe  ordur  and  decree^  That  whosoever  shall 
lionceforth,  openly  or  willingly,  defame  any  courte 
of  justice,  or  the  sentences  and  proceedings  of  the 
same,  or  any  of  the  magistrates  or  judges  of  any 
such  courte,  in  respect  of  any  act  or  sentence 
therein  passed,  and  being  thereof  lawfully  convict- 
ed in  any  generall  courte,  or  courte  of  magistrates, 
shall  bee  punnished  for  the  same,  by  fyne,  impris- 
onmnent, disfranchisement,  or  bannishment,  as  the 
quality  and  measure  of  the  offence  shall  deserve. 

MARRIAGE. 

fforasmuch  as  many  persons  intangle  themselves 
with  rashe  and  inconsiderate  contracts  for  theire 
future  joininge  in  marriage  covenant,  to  the  great 
trouble  and  greife  of  themselves  and  theire 
ffreinds,  for  the  preventing  thereof, 

It  is  ordered  Inj  the  authorif)/  of  this  courte,  That 
whosoever  intends  to  joine  themselves  in  marriage 
covenant,  shall  cause  theire  purpose  of  contract  to 
bee  published  in  some  puhlicjue  place,  and  at  some 
publique  meeting,  in  the  severall  tovrnes  where 
such  persons  dwell,  at  the  least,  eight  dayes  before 
tliey  enter  into  such  contract,  whereby  they  engage 
themselves  each  to  other;  and  that  they  shall  for- 
beare  to  joine  in  marriage  covenant,  at  least  eight 
davs  after  the  said  contract. 


i58 

Jnd  it  is  allso  ordered  and  declared^  That  no  per- 
son whatsoever,  male  or  female,  not  being  at  his  or 
her  ovrne  dispose,  or  that  remaineth  under  the  gov- 
ernment of  parents,  masters  or  guardians,  or  such 
like,  shall  either  make  or  give  interteinment  to  any 
motion  or  sute,  in  way  of  marriage,  without  the 
knowledge  and  consent  of  those  they  stand  in  such 
1  elation  to,  under  the  severe  censure  of  the  courte, 
in  case  of  delinquency  not  attending  this  order  ;  nor 
shall  any  third  persons  intermeddle  in  making  any 
motion  to  any  such,  without  the  knowledge  and 
consent  of  those  under  whose  government  they 
are,  under  the  same  penalty.  Marriages  and  Births* 
See  Records, 

MARSHALL. 

It  is  ordered  hy  this  courte,  That  the  marshal!  shall 
bee  allowed  for  every  execution  hee  serves,  which 
IS  under  the  summe  of  five  pounds,  two  shillings  six 
pence,  and  four  pence  for  every  myle  hee  goes  to 
serve  the  said  execution,  out  of  the  towne  where 
hee  liveth  ;  and  for  every  execution  hee  serves,  of, 
tDr  above  five  pounds,  and  under  the  summe  of  ten 
pounds,  hee  shall  bee  allowed  three  shillings  foure 
pence,  and  foure  pence  for  every  myle,  as  before  ; 
and  for  every  execution  hee  serves,  of,  or  above  the 
summe  of  ten  pounds,  hee  shall  bee  allowed  five 
shillings,  and  four  pence  for  every  myle,  as  before  ; 
Allso,  hee  is  to  bee  allow^ed  his  other  just  and  ne- 
cessary charges;  onely  it  is  provided,  (hat  if  hee 
bee  excessive  therein,  uppon  due  complaint  and 
proofs  made,  it  shall  bee  redressed. 

And  it  is  allso  further  ordered,  That  the  marshall 
shall  hee  allowed  for  every  altacliement  hee  serves, 
Jialfe  so  much  as  is  before  allowed  him  for  execu* 


♦J9 

tions  ;  onely  lice  is  lo  have  four   pence  lor  every 
myle  he  goes  to  serve  the  aUachemcnt.  as  before. 

It  is  further  ordered  hjj  ihis  courte  and  author' 
iti/  thereof,  That  every  ollicer  that  shall,  at  any 
time  bee  fyncci  for  the  breach  of  any  pocnall  lawe, 
or  other  just  cause,  such  person  or  persons  so  of- 
fending, shall  forthwith  pay  his  ortheire  fync  or 
penalty,  or  give  in  security  speedily  to  do  It,  or 
else  shall  bee  imprisoned,  or  kept  to  workc  till  it 
bee  paid,  that  no  loss  may  bee  to  the  commoii- 
Avealth ;  and  what  other  fynes  or  debts  are  already 
diie,  or  shall  bee  due  to  the  country,  the  marshal!, 
for  the  time  being,  uppon  warrant  from  tlie  Treas- 
urer, and  according  to  his  oath,  shall  bee  faithfull  in 
doing  the  duty  of  his  place  in  levyinge  and  return- 
ing the  same,  uppon  paine  of  forfeiting  tv.o  sliillings 
of  his  owne  estate,  for  every  pound,  or  else  such 
fvne  as  any  courte  of  justice  shall  impose  on  liim 
for  his  neglect. 

MEASURES  AND  VvTJGHTS. 

Fforasmuch  as  it  is  observed,  that  there  aie  diver- 
sitys  of  weights,  yardes  and  measures  an^ongst  us, 
whereby  dammages  many  times  ensueth  by  com- 
li^ercc  with  scvcrall  [)erson=,  for  the  preventing 
whereof, 

It  is  now  ordered,  That  no  mrin  within  these  lib- 
berties,  shall,  after  tb.c  publishing  of  this  ordei', 
sell  any  commodityes,  but  by  sealed  weight  or 
measure,  under  the  penalty  of  twelve  pence  each 
default ;  the  clarke  is  to  have  a  penny  for  seal- 
ing a  weight  or  measure,  each  time  ;  and  no  weight 
or  measure  is  to  be  accounted  authentick  that  is 
not  sealed  or  approved  I)_v  the  Clark  once  every 


vcare,  and  the  said  ci;nk  is   to   break    or   demolisii 
such  weights,  yardcs  or  measures  as  aj-e  defective.  J"-! 

MILIJTARV  AFFAIRES.  V 

Jt  is  ordered,  and  hij  this  coiirte  declared,  Tliat  all 
persons  that  are  above  the  age  of  sixteene  yeares, 
except  magistrates  and  church  oHicers,  shall  beare 
arms,  unless  they  have,  uppon  just  occassion,  ex- 
emption graunted  by  the  courte  ;  and  every  male 
person  within  this  jurissdiction,  above  the  said 
age,  shall  have  in  continuall  readines,  a  good  mus- 
kitt  or  other  gunn,  fitt  for  service,  and  allowed  by 
the  dark  of  the  band,  with  a  sword,  rest  and  ban- 
daleers,  or  other  serviceable  provision  in  the 
roome  thereof,  where  such  cannott  bee  had  ;  as 
allso  such  other  milhtary  provision  of  powder, 
match  and  bullitts  as  the  lawe  requires  ;  and  if 
any  person  who  is  to  provide  amies  or  ammu- 
nition, cannot  purchase  ihem  by  such  means  as 
he  hath,  hee  shall  bring  to  the  dark  so  much 
corne  or  other  merchantable  goods,  as  by  apprize- 
ment  of  the  said  dark  and  two  others  of  the  com- 
pany, (whereof  one  to  bee  chosen  by  the  party,  and 
{he  other  hy  the  clarke.)  as  shall  be  judged  of  a 
uiealer  value  hy  a  tifth  parte,  then  such  armes  or 
ammunition  is  of,  hee  sliall  bee  excused  of  the  pen- 
alty for  want  of  armes,  (but  not  tor  want  of  appeai- 
ancc)  untill  hee  bee  provided;  and  the  dark  shall 
iiideavour  to  furnish  him  so  soon  as  may  bee, 
by  sale  of  such  goods  so  deposited,  rendering  the 
overplus  to  the  partye  :  But  i.f  any  person  shall  not 
bee  able  to  provide  himselfe  armes  or  ammunition 
through  meere  poverty,  if  hee  bee  single,  hee  shall 
bee  put  to  service  by  some  magistrate,  and  the  con- 
stable shall  appoint  him  armes  and  ammunition,  and 


shall  appointe  him  where,  and  with  whoiiie  to  eain 

out. 

And  it  is  ordered^  That  all  the  souldgcrs  within 
Jiis  jurissdiction  shall  hee  trained,  at  least,  six  times 
vearcly,  in  the  montlis  ot'  March,  April),  May,  Sep- 
tember, October  or  Novcml)er,  l)y  the  appoint- 
ment of  the  captaine  or  clieife  oQicer  in  the  seve- 
rall  towncs :  and  the  times  of  theire  meeting  to- 
gether shall  bee  at  eight  of  the  clock  in  the  morn- 
inge :  And  the  clarke  of  each  band,  shall  twise  ev- 
ery yeare,  at  least,  view^  the  armes  and  ammunition 
of  the  band,  to  see  if  they  bee  all  accordinge  to 
^awe;  and  shall  uppon  every  traininge  day,  give 
his  attendance  in  the  feild  every  day,  (except  hee 
hath  speciall  leave  from  his  captaine  or  cheife  offi- 
cer,) to  call  over  the  rolle  of  the  souldgers,  and 
ake  notice  of  any  defect  by  theire  absence  or  oth- 
erwise ;  And  hee  shall  duely  present  to  the  Gover- 
nor, or  some  of  the  magistrates,  all  defects  in  armes 
or  ammunition,  at  least  once  in  each  ^eare,  and  of- 
tener,  if  it  bee  required.  And  it  is  left  to  the  judge- 
ment of  the  magistrates  to  punish  all  defects  in  that 
kinde,  according  to  the  nature  of  the  offence, 
wherein  due  regard  is  to  bee  had  of  willtuU  neg- 
lects in  any,  that  such  may  not  pass  w  ithout  a  se- 
vere censure  :  And  wdiosoever  shall  bee  absent  any 
of  the  days  appointed  for  traininge,  after  the  houre 
appointed,  or  shall  not  continue  the  whole  time, 
shall  forfeitt  the  summe  of  two  shillings  six  pence, 
for  every  default,  except  such  as  are  licensed  under 
the  hand  of  two  magistrates ;  The  dark  of  the 
severall  bands  are  to  distreine  the  delinquents 
within  fourteene  days  after  the  forfeiture,  whereof 
six  pence  shall  bee  to  himselfe,  and  the  remainder 
for  the  maintenance  of  drums,  cullers,  <fcc.  And  if 
any  of  the  said  clarks  shall  omitte  to  distreine  any 


delinquenls  above  llso  said  tcrme  of  fonrteene  dayc-- 
hec  shall  forfeitt  and  })ay  to  the  use  of  the  publique^ 
double  the  fjne  so  neglected  by  him. 

It  {s  ordered,  That  the  souldgcrs  shall  onely  make 
choyce  of  theire  inillitary  officers,  and  present 
them  to  (he  perticiilar  courte  ;  but  such  onely  shall 
bee  deemed  oilicers,  as  the  courte  shall  confirmc. 

The  stale  and  condition  of  the  place  where  we 
live,  by  reason  of  the  indians  and  otherwise,  re- 
quires all  due  means  to  bee  used  for  the  preserva- 
tion, the  safety  and  peace  of  the  same ;  this  courte 
judgeth  it  necessary  that  there  should  bee  a  maga- 
zine of  powder  and  shott  provided  and  meinteined 
in  the  country  in  each  towne  within  this  jurissdic- 
t\on,  Arid  do  therefore  order  and  decree,  ihixi  there 
shall  bee  two  barrills  of  powder,  and  six  hundred 
weight  of  lead  provided  by  this  commonwealth,  be- 
fore the  generail  courte  in  September  next,  which 
shall  be  meinteined  and  continued  and  accounted  as 
the  country  stock. 

A7id  it  is  allso  further  ordered,  that  the  several! 
townes  in  this  jurissdiction  shall  provide  and  mein- 
teine  as  followeth,  viz. 

Wyndsor,  one  barriil  and  halfe  of  powder,  foure 
hundred  and  fifty  pound  of  lead,  one  hundred  fath- 
om of  match,  and  nine  cotton  coates  or  corseletts, 
and  serviceable  pikes  to  either  of  them. 

Hartford,  two  barrills  of  powder,  six  hundred 
weight  of  lead,  and  six  score  fathom  of  match,  and 
twenty  cotton  coates  or  corseletts,  wuth  serviceable 
pikes  to  either  of  them. 

Weathersfeild,  one  barriil  of  powder,  three  hun- 
dred weight  of  lead,  eighty  fathom  of  match,  and 
eight  cotton  coates  or  corseletts,  with  serviceable 
pikes  to  either  of  them. 

Seabrook,  halfe  a  barriil  of  powder,  one  hundred 


73 

and  fifty  pound  of  Jcad,  forly  fathom  of  match,  and 
three  cotton  coates  or  corseletts,  with  serviceable 
pikes  to  either  of  thenri. 

flarmington,  the  same,  in  each  perticular  with 
Scabrook. 

iiairefeild  and  Strattford,  in  each  towne,  one  bar- 
rill  of  powder,  three  hundred  weight  of  lead,  one 
hundred  fathom  of  match,  and  six  coates  or  corse- 
letts, with  serviceable  pikes  to  either  of  them. 

Southhampton  and  Pequett,  in  each  towne,  halfe 
barrill  of  powder,  one  hundred  and  fifty  pounds  of 
lead,  forty  fathom  of  match,  with  three  cotton  coates 
or  corseletts,  with  serviceable  pikes  to  either  of  them. 
Each  towne  allso,  shall  provide  so  many  tirelocke 
muskitts,  and  good  back  swords  or  cutlasses,  as  the 
the  corseletts  are  they  are  chaiged  with  by  this  or- 
der: All  which  shall  bee  provided  by  the  severall 
townes,  by  the  courte  in  September  next,  and  mein- 
teined  constantly  for  the  future,  uppon  the  penalt}^ 
often  shillings  per  month,  for  each  townes  defect  or 
neglect  herein. 

Allso^  it  is  further  ordered^  That  every  male  per- 
son within  this  jiirissdiction,  that  is  above  the  age 
of  sixteene  yeares,  whether  magistrates,  ministers, 
or  any  other  (though  exempted  from  training, 
watching  and  warding)  shall  bee  always  provided 
with,  and  have  in  readines,  by  them,  halfe  a  pound 
of  powder,  two  pound  of  serviceable  bullitts,  or 
shott,  and  two  fathom  of  match  to  every  match- 
lock, uppon  the  penalty  of  five  shillings  a  month, 
for  each  persons  default  herein;  provided  notwith- 
standing, that  if  the  proportions  of  powder  laid  up- 
pon each  towne  and  person,  either  doth  not  at  pres- 
ent, or  shall  not,  by  reason  of  the  increase  of  theire 
numbers,  for  the  future,  amount  in  all  to  three 
pound  of  powder  for  every  souldger,  then  each 


74 

lowne  shall,  uppon  the  former  penally,  provide  so 
much  more,  as  shall  bee  three  pound  of  powder  for 
a  souldger,  and  other  provision  of  lead,  &;c.  increase 
in  each  tov^^ne,  according  to  the  same  proportion. 

Whereas  many  inconveniences  doe  appeare  by 
reason  that  the  severall  soiildgers  of  the  trained 
bands  in  each  towne  within  this  jurissdiction, 
have  not  been  allowed  some  powder  uppon  theire 
training  dayes,  for  theire  practice  and  exercise 
in  theire  severall  firings  : 

It  is  ordered  hy  the  authority  of  this  courte,  That 
there  shall  bee  allowed  to  every  souldger  in  the 
severall  trained  bands  in  each  towne,  as  aforesaid, 
halfe  a  pound  of  powder  a  piece,  for  a  yeare,  and  so 
from  yeare  to  yeare,  for  the  future,  to  bee  provided 
by,  and  at,  the  propper  costs  and  charges  of  the 
masters  and  governors  of  each  family  unto  which 
the  said  souldgers  doe  belong,  to  bee  called  forth, 
improved  and  disposed  of,  at  the  discretion  of  the 
captaine,  or  other  principall  leaders  in  each  train- 
ed bands. 

//  is  allso  ordered^  That  the  captaines,  leiften- 
nants  and  ensignes,  shall  bee  freed  from  watching 
and  warding,  and  the  Serjeants  from  warding  and 
halfe  theire  watch. 

MINISTERS  MEINTENANCE. 

Whereas  the  most  considerable  persons  in  the 
land  came  into  these  partes  of  America,  that  they 
might  enjoye  Ghriste,  in  his  ordinances,  without  dis- 
turbance ;  and  whereas,  amongst  many  other  pre- 
tious  meanes,  the  ordinances  have  beene,  and  are 
dispensed  amongst  us,  with  much  purity  and  pow- 


75 

cr,  they  tooke  it  into  their  serious  consideration, 
that  a  due  meintenance  according  to  God,  might 
bee  provided  and  settled,  both  for  the  present  and 
future,  for  the  incouragemcnt  of  the  ministers 
worke  therein  ;  and  doe  order,  tliat  those  who  are 
taught  in  the  word,  in  the  severali  plantations,  bee 
called  together,  that  every  man  voluntarily  sett 
downe  what  hee  is  willing  to  allow  to  that  end  and 
use  ;  and  if  any  man  refuse  to  pay  a  meete  propor- 
tion, that  then  hee  bee  rated  by  authority,  in  some 
just  and  equall  way  ;  and  if  after  this,  any  man  with- 
hold or  delay  due  payment,  the  civill  power  to  be 
exercised  as  in  other  just  debts. 

OATHS. 

I  A.  W.  now  chosen  to  be  Governor  within  this 
jurissdiction,  for  this  yeare  ensuing,  and  untill  a 
new  bee  chosen,  doe  sweare  by  the  great  and 
dreadfull  name  of  the  everlasting  God,  to  promoate 
the  publique  good  and  peace  of  the  same,  accord- 
ing to  the  best  of  my  skill  ;  as  allso,  will  meinteine 
the  lawfull  priviledges  of  this  commonwealth ;  as 
allso,  that  all  wholesome  lawes,  that  are  or  shall 
bee  made  by  lawfull  authority,  here  established, 
bee  duly  executed,  and  will  further  the  execution 
of  justice,  according  to  the  rule  of  Gods  word  ;  so 
helpe  mee  God,  in  the  name  of  the  Lord  Jesus 
Christe. 

I  N.  W.  being  chosen  a  magistrate  within  this 
jurissdiction,  for  the  yeare  ensuing,  do  sweare,  by 
the  great  and  dreadfull  name  of  the  everlasting 
God,  to  promoate  the  publique  good  and  peace  of  the 
game,  according  to  the  best  of  my  skill ;  and  allso, 
that  I  will  meinteine  all  the  lawfull  priviledges 
thereof,  according  to  my  understanding,  as  allso,  to 


assiste  in  tlse  execution  of  all  such  wholesome  lawes 
as  are  made,  or  shfill  be  made  hy  lawfull  authority, 
here  established,  and  further  the  execution  of  jus- 
tice for  the  time  aforesaid,  according  to  the  right- 
eous rule  of  Gods  worde  :  So  help  me  God. 

I  A.  B.  doe  sweare  by  the  great  and  dreadfull 
irame  of  the  everhving  God,  that  for  the  yeare  en- 
suing, and  until  a  new  bee  chosen,  I  will  faithful- 
ly execute  the  place  ajid  office  of  a  constable,  for, 
and  within,  the  plantation  of  W.  and  the  limmitts 
thereof;  and  thnt  1  will  indeavour  to  preserve  the 
publique peace  of  the  saide  place  and  commonwealth, 
and  will  doe  my  best  indeavour  to  see  all  watches 
and  wardes  executed,  and  to  obey  and  execute  all 
lawfull  commands  or  warrants  that  come  from  any 
magistrate,  magistrates  or  courte ;  so  helpe  mee 
God,  in  the  Lord  Jesus  Christe. 

I  A.  B.  being  by  the  providence  of  God,  an  in- 
habitant within  the  jurissdiction  of  Connecticutt, 
being  to  bee  made  free,  doe  acknowledge  myselfe 
to  bee  subject  to  the  governement  thereof,  and  doe 
sweare  by  the  great  and  fearful!  name  of  the  ever- 
living  God,  to  bee  true  and  faithfull  unto  the  same, 
and  doe  submitt  both  my  person  and  estate  thereun- 
to, according  to  all  the  wholesome  lawes  and  orders 
that  there  are,  or  hereafter  shall  bee  there  made  and 
established  by  lawfull  authority;  and  that  I  will 
neither  plott  nor  practice  any  evill  against  the  same, 
nor  consent  to  any  that  shall  so  doe,  but  will  timely 
disscover  the  same  to  lawfull  authority  there  estab- 
lished ;  and  that  I  wMll,  as  in  duty  I  am  bound, 
meinteine  the  honor  of  the  same,  and  of  the  lawfull 
magistrates  thereof,  promoating  the  publique  good 
of  it,  whilst  I  shall  so  continue  an  inhabitant  there  ; 
and  whensoever  I  shall  give  my  voate  or  suffrage 
touching  any  matter  which  concerns  this  common 


wealth,  being  called  thereunto,  will  give  it  as  in  my 
conscience  I  shall  judge  may  conduce  to  the  best 
good  of  the  same,  without  respect  of  persons,  or 
favour  of  any  man :  So  helpe  me  God,  in  our  Lord 
Jesus  Christe. 

You  sweare,  that  you  A.  B.  shall  duely  try  the 
cause  or  causes  now  to  bee  given  you  in  charge, 
between  the  plaintiff  and  defendant,  or  plaintifls  and 
defendants,  according  to  your  evidence  given  in 
courte,  and  accordingly,  a  true  verdict  give ;  your 
owne  counsells  and  your  fellowes,  you  shall  duely 
keepe,  you  shall  speake  nothing  to  any  one  of 
the  buisiness  and  matters  in  hand,  but  among  your- 
selves, nor  shall  you  suffer  any  to  speake  unto  you 
about  the  same,  but  in  courte,  and  when  you  are 
agreed  of  any  verdict,  you  shall  keepe  it  secreet, 
till  you  deliver  it  up  in  courte  :  So  helpe  you  God, 
in  our  Lord  Jesus  Christe. 

You  doe  sweare  by  the  great  and  dreadfull  name 
of  the  everlasting  God,  that  for  this  yeare  ensuing, 
and  untill  new  bee  chosen,  you  shall  faithfully  exe- 
cute the  place  and  office  you  are  chosen  unto,  ac- 
cording to  the  extent  of  your  comission  :  So  helpe 
you  God  in  the  name  of  the  Lord  Jesus  Christe. 
(Note — The  preceding  form  of  oath  was  prescribed 
for  commissioners.) 

A.  B.  you  being  chosen  secretary  for  this  juriss- 
diction,  during  this  yeare,  doe  sweare  by  the  groat 
name  of  God,  that  you  shall  keepe  the  secrects  of 
the  courte,  and  shall  carefully  execute  the  place 
of  a  secretary,  and  shall  truly  and  faithfully  record 
all  orders  of  the  courte,  and  shall  deliver  true  copies 
and  certificates  when  they  shall  bee  necessarily  re- 
quired :  So  helpe  you  God,  in  our  Lord  Jesus 
Christe. 

You  doe  sweare  by  the  great  and  dreadfull  name 


of  God,  that  you  will  with  all  due  care  and  faith- 
fullnes,  make  presentment  according  to  order,  at 
the  quarter  courte  in  September  next,  such  misde- 
meanors and  transgressions  of  the  lawes  and  orders 
of  this  commonwealth,  as  shall  come  to  your  cog- 
nisance, as  allso,  to  doe  your  indeavours  to  finde 
out  such  things  as  are  contrary  to  religion  and 
peace  :  So  helpe  you  God,  in  our  Lord  Jesus  Christe. 
(Note — This  form  of  oath  was  prescribed  for  Grand* 
jurors.) 

PEAGE. 

It  is  ordered  by  this  courte  and  decreed,  That  no 
peage,  white  or  black,  bee  paid  or  received,  but 
what  is  strunge,  and  in  some  measure,  strunge  suta- 
bly,  and  not  small  and  great,  uncomely  and  disor- 
derly mixt,  as  formerly  it  hath  beene. 

POORE. 

//  is  ordered  by  this  courte  and  authority  thereof , 
That  the  courte  of  magistrates  shall  have  power  to 
determine  all  differences  about  lawfull  settling,  and 
providing  for  pore  persons,  and  shall  have  power  to 
dispose  of  all  unsetled  persons,  into  such  townes  as 
they  shall  judge  to  bee  most  fitt,  for  the  maintenance 
and  imployment  of  such  persons  and  familyes,  for  the 
ease  of  the  countrye. 

POUND,  POUND-BREACH. 

Ffor  prevention  and  due  recompence  of  dammage 
in  eornefeilds  and  other  inclosures,  done  by  sw^yne 
and  cattle  : 

/I  is  ordered  by  this  Courte  and  Authority  thereof^  , 


79 

that  there  shall  bee  one  sufficient  pound,  or  more, 
made  and  meinteined  in  every  towne  and  village 
within  this  jurissdiction,  for  the  impounding  of  all 
such  swyne  and  cattle  as  shall  bee  found  in  any 
cornefeild,  or  other  inclosure  ;  and  whosoever  im- 
pt>unds  any  swyne  or  cattle,  shall  give  present  no- 
tice to  the  owners,  if  hee  bee  knowne,  or  otherwise, 
they  shall  be  cryed  at  the  two  next  lectures  or 
markitts ;  and  if  swyne  or  cattle  escape  out  of  the 
pound,  the  owner,  if  knowne,  shall  pay  all  damma- 
ges  according  to  lawe. 

And  whereas  impounding  of  ccittle,  in  case  of  tress- 
passes, hath  beene  alwayes  found  both  needfull 
and  profitable,  and  all  the  breaches  about  the 
same,  very  offensive  and  injurious  : 

//  is  therefore  ordered  hy  this  Courte  and  authori' 
ty  thereof,  That  if  any  person  shall  resiste  or  rescue 
any  cattle  going  to  the  pound,  or  shall,  by  any  way 
or  meanes,  convey  them  out  of  pound,  or  custody 
of  the  lawe,  whereby  the  party  wronged,  may  lose 
his  dammage,  and  the  lawe  bee  deluded,  that  in 
case  of  meere  rrescues,  the  party  offending,  shall 
forfeitt  to  the  treasure,  forty  shillings  ;  and  in  case 
of  pound  breach,  five  pounds,  and  shall  allso,  pay 
all  dammages  to  the  party  wronged ;  and  if  in  the 
rescue,  any  bodily  harmes  bee  done  to  the  person 
of  any  man,  or  other,  they  shall  have  remedye 
against  the  rescuers ;  and  if  either  bee  done  by  any 
not  of  abilitye  to  answer  the  dammage  and  forfeitt 
aforesaid,  they  shall  bee  bodily  whipped  by  war- 
rant from  any  magistrate  before  whome  the  of- 
fender is  convicted,  in  the  towne  or  plantation  where 
the  offence  was  committed,  not  exceeding  twenty 
stripes  for  the  meere  rescues  or  pound  breach,  and 


80 

for  all  dammages  to  the  party,  they  shall  satisfie  by 
service,  as  in  case  of  theft;  and  if  it  appear,  there 
were  any  procurement  of  the  owner  of  the  cattle, 
thereunto,  and  that  they  were  abettors,  they  shall 
all  pay  forfeitures  and  damnnages,  as  if  themselves 
had  done  it. 

PROFANE  SWEARING. 

It  is  ordered,  and  by  this  Courts  decreed.  That  if 
any  person  within  this  jurissdiction  shall  sweare 
rashly  and  vainely,  either  by  the  holy  name  of 
God,  or  any  other  oath,  and  shall  sinfully  and 
wickedly  curse  any,  hee  shall  forfeitt  to  the  com- 
mon treasure,  for  every  such  severe  offence, 
ten  shillings :  And  it  shall  bee  in  the  power  of 
any  magistrate,  by  warrant  to  the  constable,  to 
call  such  persons  before  him,  and  uppon  just  proofe 
to  pass  a  sentence,  and  lev^ye  the  said  penalty,  ac- 
cording to  the  usual  order  of  justice  ;  and  if  such 
persons  bee  not  able,  or  shall  utterly  refuse  to  pay 
the  aforesaid  fyne,  hee  shall  bee  committed  to  the 
stocks,  there  to  continue,  not  exceeding  three  hours, 
and  not  less  than  one  lioure. 

RATES. 

It   is  ordered  hy  this   Courte  and  authority  there', 
of,  That  every  inhabitant  shall  henceforth   contrib- 
ute to  all  charecs,  both   in   church  and  common- 
wealth, whereof  hee  doth  or  may  receive  benefitt ; 
and  every  such  inhabitant  who  shall  not  voluntarily 
contribute   proporlionably  to   his  ability   with   the  | 
rest  of  the  same  towne,  to  all  common  charges,  both   ' 
civill  and  ecleseasticall,  shall  bee  compelled  there-  | 
unto  by  assessments  and  distress,  to  be  levyed  by  the  | 
constable  or  other  oflirerof  the  towne,  as  in  other  f 


81 

cases ;  and  that  the  lands  and  estates  of  all  men, 
whereever  they  dwell,  shall  be  rated  for  all  towne 
charges,  both  civill  and  eclesiasticall,  as  aforesaid, 
where  the  lands  and  estates  shall  lye,  and  theire  per- 
sons where  they  dwell. 

Ffor  a  more  equall  and  ready  way  of  raising  meanes 
of  defraying  of  publique  charges  in  time  to  come, 
and  for  preventing  such  inconveniences  as  have 
fallen  out  uppou  former  assessments ; 

It  is  ordered  and  enacted  hy  the  authority  of  this 
Courie,  that  the  treasurer  for  the  time  being,  shall 
from  yeare  to  yeare,  in  the  first  month,  without  ex- 
pecting any  other  order,  send  forth  his  warrant  to 
the  constables  of  every  towne  within  this  jurissdic- 
tion,  requiring  the  constable  to  call  together  the 
inhabitants  of  the  towne,  whoe  being  so  assembled, 
shall  chuse  three  or  four  of  theire  able  inhabitants 
whereof,  one  to  bee  a  commissioner  for  the  towne, 
who  shall  some  time  or  times  in  the  sixth  month 
then  next  ensuing,  make  a  list  of  all  the  male  per- 
sons in  the  same  towne,  from  sixteene  yeares  old 
and  upwards,  and  a  true  estimation  of  all  personall 
and  real!  estates  being,  or  reputed  to  bee,  the  estate 
of  all  and  every  the  persons  in  the  same  towne,  or 
otherwise  under  theire  custody  or  managing,  accord- 
ing to  just  valuation,  and  to  what  persons  the  same 
belong,  whether  in  theire  owne  towne  or  other- 
where, as  neare  as  tliey  can,  by  all  lawfull  wayes 
nul  meanes,  which  they  may  use,  viz.  of  howses. 
iinds  of  all  sortes.  as  well  unbroken  up  as  other, 
^xcept  such  as  doth  or  shall  lye  common  for  free 
(Tod  of  cattle  to  the  use  of  the  inhabitants  in  gene- 
all,  whether  belonging  to  townes  or  pcrticular  per- 
ODS,  but  not  to  bee  kept  or  bearded  uppon  it  to  the 
lammage  of  the  proprietors,  mills,  shipps.   and  all 


small  vesseljs,  merchantable  goods,  cranes,  wharfes, 
and  all  sortes  of  cattle,  and  all  other  knowne  estate 
whatsoever;  as  allso,  all  visible  estate,  either  at  sea, 
or  on  shoare  ;  all  which  persons  and  estates,  are  by 
the  said  commissioners  and  selectmen,  to  bee  as- 
sessed and  rated,  as  here  followeth,  viz.  every  per- 
son aforesaid,  except  magistrates  and  elders  of  the 
churches,  two  shillings  sixpence  by  the  head,  and 
all  estates  both  reall  and  personall,  at  one  penny  for 
every  twenty  shillings,  according  to  the  rates  of 
cattle  hereafter  mentioned ;  and  for  a  more  cer- 
taine  rule  in  rating  of  cattle,  every  cowe  of  foure 
yeare  old  and  upward,-  shall  bee  valued  at  five 
pounds,  every  heifer  and  steare  between  three  and 
foure  yeare  old,  foure  pounds,  and  between  two  and 
three  yeare  old  fifty  shillings ;  and  between  one  and 
two  yeare  old,  thirty  shillings ;  every  oxe  and  bull 
of  foure  yeare  old  and  upwards,  six  pounds  ;  every 
horse  and  mare  of  foure  yeare  old  and  upwards, 
twelve  pound,  of  three  yeare  old,  eight  pounds, 
betweene  two  and  three  yeares  old,  five  pounds,  of 
one  yeare  old,  three  pounds ;  every  sheepe  of  one  ; 
yeare  old  thirty  shillings ;  every  goate  above  one 
yeare  old  eight  shillings ;  every  swyne  above  one  '. 
yeare  old,  twenty  shillings ;  and  all  cattle  of  all  f 
sortes,  under  a  yeare  old,  are  hereby  exempted ;  as  ii 
allso,  all  hay  and  corne  in  the  husbandmans  hand,  [ 
because  all  meadow,  earable  ground,  and  cattle  are 
rateable  as  aforesaid.  And  for  all  such  persons  as 
by  the  advantage  of  theire  artes  and  trades  are 
more  able  to  helpe  beare  the  publique  charge,  then 
common  labourers,  and  workmen,  as  butchers,  ba- 
kers, bruers,  victuallers,  smiths,  carpenters  taylors, 
shoemakers  joiners,  barbers,  millers  and  masons, 
with  all  other  manuall  persons  and  artists,  such  are  f 
to  be  rated  for  theire  returnes  and  gaines  propor-  < 
tionably  unto  other  men  for  the  produce  of  theire 


83 

estates  ;  provided,  that  in  the  rate  Ly  tlic  polls,  such 
persons  as  are  disabled  by  sickness,  lameness,  or 
other  infirmities,  shall  be  exempted ;  and  for  such 
servants  and  children  as  take  not  wages,  theire  pa- 
rents and  masters  shall  pay  for  them,  but  such  as  take 
wages  shall  pay  for  themselves. 

And  it  19  further  ordered^  That  the  commissioners 
for  the  severall  townes  uppon  this  river,  shall  yeare- 
ly  meet  uppon  the  third  Thursday  in  the  sixth  month 
at  Hartford  ;  and  the  commissioners  for  the  townes 
of  Ffairefeild  and  Strattford,  shall  meett  the  same 
day  in  one  of  those  townes,  and  bring  with  them, 
faiiely  written,  the  just  number  of  males  listed  as 
aforesaid,  the  assessment  of  estates  made  in  theire 
severall  townes,  according  to  the  rules  and  direc- 
tions in  this  present  order  expressed.     And  the  said 
comissioners  being  so  assembled,  shall  duely  and 
carefully  examine  all  the  said  jists  and  assessments 
of  the  severall  townes,  and  shall  correct  and  perfect 
the  same,  according  to  the  true  intent  of  this  order, 
and  the  same  so  perfected,  they  shall  transmitt    un- 
der theire  hands,  to  the  generall  courte,  the   second 
Thursday  in   September,  and  then  directions  shall 
bee  given  to  the  Treasurer  for  gathering  of  the  said 
rate ;  and   every  one  shall  pay  theire   rate   to  the 
constable  of  the  towne  where  it  shall  bee  assessed  ; 
nor  shall  any  land  or  estate  bee   rated  in  any  other 
towne,  but  where  the  same  shall  lye,  is  or  was  im- 
proved to    the    owners,  reputed  owners,  or  other 
proprietors  use   or  behoofe,   if  it  bee  within  this 
urissdiction.      And   for   all    pecuhars,   viz.    Such 
•  laces  as  are  not  yet  laid  within  the  bounds  of  any 
owne,  the  same  land,  with  the  persons  and  estates 
hereupon,  shall  bee  assessed,  by  the  rates  of  the 
owne  next  unto  it,  and  the  measure  '  or  estimation, 
nail  bee  by  the  distance  of  the  meeting  bowses  j 


84 

aud  if  anj  of  the  said  comissioners,  or  of  the  se- 
lectmen, shall  willingly  faile  or  neglect  to  performe 
the  trust  committed  to  them,  by  this  order,  in  not 
making,  correcting,  perfecting  or  transmitting  any  of 
the  said  lists  or  assessments,  according  to  the  intent 
of  this  order,  every  such  ofiender  shall  bee  fyned 
forty  shillings  for  every  such  offence,  or  so  much  as 
the  country  shall  bee  damnified  thereby,  so  as  it  ex- 
ceeds not  forty  shillings  for  one  offence  ;  provided, 
that  such  offence  or  offences  bee  complained  of  and 
prosecuted  in  due  course  of  law,  within  six  months. 

Audit  is  further  ordered^  That  uppon  all  distresses 
to  bee  taken  for  any  of  the  rates  and  assessments 
aforesaid,  the  officer  shall  distreine  goods  or  cattle, 
if  they  may  bee  had;  and  if  no  goods,  then  lands 
or  howses,  and  if  neither  goods  nor  lands  can  bee 
had  within  the  towne  where  such  distresses  are  to 
bee  taken,  then  uppon  such  returncs  to  the  treasur- 
er, he  shall  give  warrants  to  attache  the  body  of 
such  persons  to  bee  carried  to  prison,  there  to  bee 
kept  till  the  next  courte,  execept  they  put  in  se- 
curity for  theire  appearance  there,  or  that  payment 
bee  made  in  the  meane  time. 

And  it  is  further  ordered,  That  the  prises  of  all 
sortes  of  corne  to  bee  received  uppon  any  rate  by 
virtue  of  this  order,  shall  bee  such  as  the  courte 
shall  sett  from  yeare  to  yeare,  and  in  default  there* 
of  they  shall  bee  accepted  at  the  price  current,  to 
bee  judged  by  the  said  comissioners. 

And  it  is  further  ordered,  That  all  estates  of  land 
in  England,  shall  not  be  rated  in  publique  assess- 
ment. 

It  is  allso  provided  and  ordered,  That  all  towns 
rates  shall  bee  made  after  the  same  manner,  and  by 
the  same  rule,  as  the  country  rate. 


65 

Whereas  much  wrong  liath  beene  done  to  the  coun« 
try,  by  the  neghgence  of  constables  in  not  gath- 
ering such  levyes  as  they  have  received  warrants 
from  the  Treasurer,  during  theire  office  : 

It  is  therefore  ordered^  That  if  any  constable  shall 
not  have  gathered  the  levyes  comitted  to  his  charge 
by  the  Treasurer  then  being,  during  the  time  of  his 
office,  that  he  shall  notwithstanding  expiration  of 
his  office,  have  power  to  levye  by  distress,  all  such 
rates  and  levyes  ;  and  if  he  bring  them  not  in  to  the 
old  treasurer,  according  to  his  warrants,  the  Treas- 
urer shall  distreine  such  constables  goods  for  the 
fame  ;  and  if  the  Treasurer  shall  not  so  distreine 
the  constable,  hee  shall  bee  answerable  to  the 
country  for  the  same  ;  and  if  the  constable  bee 
not  able  to  make  payment,  it  shall  bee  lawfull  for 
the  Treasurer,  old  or  new  respectively,  to  distreine 
any  man  or  men  of  that  towne  where  the  constables 
are  unable  for  all  arrearages  of  levyes,  and  that 
man  or  men,  uppon  petition  to  the  Generall  courte, 
shall  have  order  to  collect  the  same  againe,  equally 
of  the  towne,  with  his  just  dammages  for  the  same. 

It  is  further  ordered  by  this  Courte,  That  all  col- 
lectors and  gatherers  of  rates,  shall  appoint  a  day 
and  place,  and  give  reasonable  warning  to  the  in- 
habitants to  bring  in  theire  proportions,  uppon 
which,  every  man  so  warned,  shall  duely  attend  to 
bring  in  his  rate,  or  uppon  neglect  thereof,  shall 
forfeitt  two  pence  in  the  shilling  for  what  hee  falls 
shorte,  and  the  said  collector  shall  have  authority 
hereby  to  distreine  the  delinquents,  or  bee  accounta- 
ble themselves  for  the  rates  and  penalties  so  neg- 
lected by  them. 

8 


86 


RECORDS. 

It  IS  ordered  hy  this  court e^  and  authority  thereof ^ 
That  the  towne  dark  or  register  in  the  severall 
townes  of  this  jurissdiction  shall  record,  all  births 
and  deaths  of  persons  in  theire  towne,  and  that  all 
parents,  masters  of  servants,  executors  and  ad-^ 
ministrators  respectively,  shall  bring  into  the  regis- 
ter of  theire  severall  townes,  the  names  of  such 
persons  belonging  to  them  or  any  of  them,  as  shall 
either  bee  borne  or  dye  5  and  allso,  that  every  new 
married  man  shall  likewise  bring  in  a  certificate  of 
his  marriage,  under  the  hand  of  the  magistrate 
which  married  him,  to  the  said  register,  and  for  each 
neglect,  the  person  to  whome  it  doth  belong,  shall 
forfeitt  as  followeth,  viz.  If  any  person  shall  neglect 
to  bring  in  a  noate  or  certificate  as  aforesaid,  togeth- 
er w^ith  three  pence  a  name,  to  the  said  register,  for 
all  births  and  deaths,  and  sixpence  for  each  mar- 
riage to  bee  recorded,  more  then  one  month  after 
such  birth,  death  or  marriage,  shall  forfeitt  for 
every  default,  five  shillings,  and  the  penalty  further 
increased,  uppon  longer  neglect,  according  to  the 
judgement  of  the  courte  ;  and  the  register  of  each 
towne  shall  yearely,  convey  to  the  Secretary  of  the 
courte,  a  true  transcript  of  the  births,  deaths  and 
marriages  given  under  theire  hands,  with  a  third 
parte  of  the  aforementioned  fees,  under  the  penalty 
of  forty  shillings  for  every  such  neglect,  all  which 
forfeitures  shall  bee  returned  into  the  Treasury  ; 
allso,  the  grand  jurors  may  present  all  neglects  of 
this  order. 

It  is  ordered  by  the  anthority  aforesaid^  That  the 
severall  townes  within  this  jurissdiction,  shall  each 
of  them  provide  a  ledger  booke,  with  an  index  or 


87 

alpbabelt  unto  the  same,  allso  shall  chuse  one  whoe 
shall  bee  a  towne  clerke  or  register,  whoe  shall  be- 
fore the  Generall  courte  in  September  next,  record 
every  mans  howse  and  lands  already  graunted  and 
measured  out  to  him,  with  the  bounds  and  quantity 
of  the  same  ;  and  whosoever  shall  neglect  three 
months  after  notice  given,  to  bring  in  to  the  said 
towne  clerke  or  register,  a  noatc  of  his  howse  and 
land,  with  the  bounds  and  quantity  of  the  same,  by 
the  nearest  estimation,  shall  forfeitt  ten  shillings  ; 
and  so  ten  shillings  a  month,  for  every  month  hee 
shall  so  neglect ;  the  like  to  bee  done  for  all  lands 
hereafter  graunted  and  measured  to  any ;  and  if 
any  such  granter,  being  required  by  the  grantee,  his 
heirs  or  assigns,  to  make  an  acknowledgment  of  any 
graunt,  sale,  bargaine  or  morgage  by  him  made, 
shall  refuse  so  to  do,  it  shall  bee  in  the  power  of 
any  magistrate,  to  send  for  the  partye  so  refusing, 
and  committ  him  to  prison  without  bayle  or  maine- 
prise,  untill  he  shall  acknowledge  the  same  :  And 
the  grantee  is  to  enter  his  caution  with  the  record- 
er, and  this  shall  save  his  interest  in  the  meane 
time  ;  and  all  bargaines  or  morgages  of  lands  what- 
soever, shall  bee  accounted  of  no  value  untill  they 
bee  recorded  ;  for  which  entry  the  register  shall 
receive  six  pence  for  every  parcell,  delivering  every 
owner  a  copy  of  the  same  under  his  hand  ;  whereof, 
foure  pence  shall  bee  for  himsclfe,  and  two  pence 
for  the  secretary  of  the  courte.  And  the  said 
register  shall,  every  Generall  courte,  in  May  and 
September,  deliver  unto  the  same,  a  transcript, 
fairely  written,  of  all  such  graunts,  bargaines  or  in- 
gagements,  recorded  by  him  in  the  towne  booke  ; 
and  the  secretary  of  the  courte,  shall  record  it  in 
a  booke  fairely  written,  provided  for  that  purpose, 
and  shall  preserve  the  coppy  brought  in  under  the 


88 

hand  of  the  towue  clarke  ;  Allso,  the  said  townc 
clarke  shall  have  for  every  search  of  a  parcell,  one 
penny,  and  for  every  copy  of  a  parcell,  two  pence, 
and  a  copy  of  the  same  under  the  hand  of  the  said 
register,  or  tovv^ne  clarke,  and  two  of  the  men 
chosen  to  governe  the  towne,  shall  bee  a  sufficient 
evidence  to  all  that  have  the  same. 

Ffor  the  better  keeping  in  minde  those  passages 
of  Gods  providence,  which  have  beene  remarkable, 
since  our  first  undertaking  of  these  plantations  ; 
Mr.  Deputy,  Capt.  Mason,  Mr.  Stone  with  Mr, 
Goodwyn,  are  desired  to  take  the  paines  severally, 
in  theire  severall  townes,  and  then  jointly  together, 
to  gather  up  the  same,  and  deliver  them  into  the 
Generall  courte  in  September  next,  and  if  it  bee 
judged  then  fitt,  they  may  bee  recorded  :  and  for 
future  times,  whatsoever  remarkable  passages  shall 
bee,  and  if  they  bee  publique,  the  said  parties  are 
desired  to  deliver  in  the  same  to  the  Generall  courte  ; 
but  if  any  perticular  person  doe  bring  in  any  thinge, 
hee  shall  bring  it  under  the  hands  of  two  of  the 
aforementioned  parties,  that  it  is  true,  then  present 
it  to  the  Generall  courte,  that  if  it  bee  there  judged 
requisitt,  it  may  bee  recorded  ;  provided,  that  any' 
Generall  courte,  for  the  future,  may  alter  any  of 
the  parties  before  mentioned,  or  add  to  them,  as 
they  shall  judge  meett. 

It  is  allso  ordered  hy  this  courte^  and  decreed,  That 
after  the  death  and  decease  of  any  person  possessed 
of  any  estate,  bee  it  more  or  less,  and  whoe  mak- 
eth  a  will  in  writing,  or  by  word  of  mouth,  those 
men  which  are  appointed  to  order  the  affaires  of 
the  towne,  where  any  such  person  deceaseth,  shall 
within  one  month  after  the  same,  at  farthest,  cause 
a  true  inventory  to  bee  taken  of  the  said  estate,  in 
writing,  as  allso,  take  a  copy  of  the  said  will  or 


09 

festament,  and  eiiler  it  into  a  booke,  or  keepe  (lie 
coppy  in  safe  custody  ;  as  allso,  enter  the  names 
uppon  record,  of  the  children,  and  legatees  of  the 
testator  or  deceased  person  :  And  the  said  orderers 
of  the  affaires  of  the  towne,  are  to  ?ee  every  such 
will  and  inventory,  to  bee  exhibited  into  the  pub- 
lique  courte,  within  one  quarter  of  a  yeare,  where 
the  same  is  to  bee  registred  :  And  the  said  order- 
ers  of  the  affaires  of  the  towne.  shall  doe  theire 
indeavors  in  seeing  that  the  estate  of  the  testator 
bee  not  wasted  nor  spoiled,  but  improved  for  the 
best  advantage  of  the  children  or  legatees  of  the 
testator,  according  to  the  minde  of  the  testator,  for 
theire,  and  every  of  theire  ust-,  and  Iheirc  and  eve- 
ry of  theire  allowance  and  approbation  :  But  where 
any  person  dyeth  intestate,  the  said  ordcrcrs  of  the 
afiaires  of  the  towne,  shall  cause  an  inventory  to 
bee  taken,  and  then  the  publique  courte  may  graunt 
the  administration  of  the  goods  and  chatties  to  the 
next  of  kinn,  jointly  and  severally,  and  devide  the 
estate  to  wife,  (if  any  bee)  children  or  kindred,  as 
in  equity  they  shall  see  meett.  And  if  no  kindred 
bee  found,  the  courte'to  administer  for  the  publique 
good  of  the  common  ;  provided  there  bee  an  inven- 
tory registred,  that  if  any  of  the  kindred,  in  future 
time  appeare,  they  may  have  justice  and  equity 
done  unto  them.  And  all  charges  that  the  publique 
courte,  or  the  orderers  of  the  aO'aires  of  the  towne 
are  at,  about  the  trust  committed  to  them,  either 
for  writing  or  otherwise,  to  bee  paid  out  of  the 
estate. 

Whereas  allso,  it  was  recomended  by  the  com- 
missioners, that  for  the  more  free  and  speedy  pas- 
sage of  justice  in  each  jurissdiction,  to  all  the  con- 
federates, if  the  last  will  and  testament  of  any 
person,  bee  duclv  prooved  in.  and   ducly  certified 


90 

from  any  one  of  the  colonyes,  it  bee  without  delay, 
accepted  and  allowed  in  the  rest  of  the  colonyes, 
unless  some  just  exception  bee  made  against  such 
will,  or  the  prooving  of  it,  which  exception  to  bee 
duely  forthwith  duely  certified  back  to  the  colony 
where  the  said  will  was  prooved,  that  some  just 
course  may  bee  taken  to  gather  in  and  dispose  the 
estate  without  delay  or  dammage  ;  And  allso,  that 
if  any  knowne  planters  or  settled  inhabitants,  dye 
intestate,  administration  bee  graunted  by  that  colo- 
ny unto  which  the  deceased  belong,  though  dying 
in  another  colony:  And  the  administration  being 
duely  certified  to,  bee  of  foice  for  the  gathering  in 
of  the  estate,  in  the  rest  of  the  colonyes,  as  in  the 
case  of  wills  prooved,  where  no  just  exception  is 
returned  :  But  if  any  person  possessed  of  an  estate,, 
whoe  is  neither  planter,  nor  settled  inhabitant  in 
any  uf  the  colonyes,  dye  intestate,  tlie  administra- 
tion (if  just  cause  bee  found  to  give  administration) 
bee  graunted  by  that  colony  where  the  person  shall 
dye  and  departe  this  life,  and  that  care  bee  taken 
by  that  governement,  to  gather  in  and  secure  the 
estate,  untill  it  bee  demaunded,  and  may  bee  deliv- 
ered according  to  rules  of  justice  ;  which  uppon 
due  consideration,  was  confirmed  by  this  courte,  in 
the  behalfe  of  this  colonye,  and  ordered  to  bee  at- 
tended in  all  such  occassions,  for  the  future ;  pro- 
vided, the  Generall  courtes  of  the  other  colonyes, 
yeild  the  like  assent  thereunto. 

SCHOOLES. 

It  being  one  cheife  project  of  that  old  deluder, 
Sathan,  to  keepe  men  from  the  knowledge  of  the 
scriptures,  as  in  former  times,  keeping  them  in  an 
unknowne  tonsjue,  so   in  these   latter  times,  by 


pers wading  them  from  the  use  of  tongues,  so  that 
at  least,  the  true  sence  and  meaning  of  the  origin- 
all  miglit  bee  clouded  with  false  glosses  of  saint 
seeming  deceivers  ;  and  that  learning  may  not 
bee  buried  in  the  grave  of  our  forefathers,  in 
church  and  commonwealth,  the  Lord  assisting 
our  indeavors  ; 

It  is  therefore  ordered  hy  this  court e  and  authority 
thereof  That  every  towneshipp  within  this  juriss- 
diction,  after  the  Lord  hath  increased  them  to  the 
number  of  fifty  howshoulders,  shall  then  forthwith 
appointe  one  within  thcire  towne.  to  teach  all  such 
children,  as  shall  resorte  to  him,  to  write  and  read, 
whose  wages  shall  bee  paid,  either  by  the  parents 
or  masters  of  such  cliildren.  or  by   the   inhabitants 

v^in  generall,  by  way  of  supj)lye,  as  the  major  parte 

^of  those  who    order  the   prudentialls  of  the  towne, 

shall  appointe  ;  provided,  that  those  who  send  theire 

J  children,  bee  not  oppressed  by  paying   much   more 

(  then  they  can  have  tlicm  taught  for,  in  other  townes. 

'  And  it  is  further  ordered,  That  where  any  towne 
shall  increase  to  the  number  of  one  hundred  fami- 
lies or  howshoulders,  they  shall  sett  up  a  grammar 
schoole,  the  masters  thereof,  being  able  to  instruct 
youths,  so  farr  as  they  may  bee  titted  for  the  uni- 
versity ,  and  if  any  towne  neglect  the  performance 
hereof,  above  one  yeare,  then  every  such  towne 
shall  pay  five  pounds  per  annum,  to  the  next  such 
schoole,  till  they  shall  performe  this  order. 

The  propositions  concerning  the  meintenance  of 
schollars  at  Cambridge,  made  by  the  comissioners, 
is  confirmed. 

And  it  is  ordered,  That  two  men  shall  bee  ap- 
pointed in  every  towne  within  this  jurissdiction, 
whoe  shall  demand  what  every  familye  will  give, 
and  the  same  to  beeuathered  and  brontjht  into  some 


92 

roome,  in  March  ;  and  this  to  continue  yearely,  ag  .- 
it  shall  bee  considered  by  the  comissioners. 

SECRETARY. 

It  is  ordered  and  decreed^  That  within  twenty  dayes 
after  the  session  of  every  Generall  courte,  the  se- 
cretary thereof,  shall  send  forth  copies  of  such 
lawes  and  orders  as  are  or  shall  bee  made,  at  either 
of  them,  which  are  of  generall  concernement  for  j 
the  governement  of  this  commonwealth  to  the  con- 
stables of  each  towne  within  this  jurissdiction,  for 
them  to  publish  within  Fourteene  dayes  more,  at 
some  publique  meeting  in  theire  severall  townes, 
and  cause  to  bee  written  into  a  booke  and  kept  for 
the  use  of  the  towne,  and  once  every  yeare,  the  \ 
constables  in  each  towne,  shall  read  or  cause  to  bee  ' 
read,  in  some  publique  meeting,  all  the  capitall 
lawes,  and  give  notice  to  all  the  inhabitants,  where 
they  may,  at  any  time,  see  the  rest  of  the  lawes 
and  orders,  and  acquaint  themselves  therewith : 
And  the  secretary  of  the  courte,  shall  have  twelve 
pence,  for  the  copy  of  the  orders  of  each  session 
as  aforesaid,  from  each  of  the  townes. 

And  it  is  further  ordered^  That  the  secretary  of 
the  courte,  shall  record  such  wills  and  inventories 
as  are  exhibited  into  the  said  courte,  and  shall  fylc 
the  originall  of  them,  and  give  a  coppy  thereof,  to 
such  as  desire  it,  for  which  hee  shall  have  for  every 
record  of  any  will  or  inventory,  or  both,  which  is 
above  the  summ  of  forty  pounds,  three  shillings 
foure  pence,  and  for  every  coppy  of  them,  or  either 
of  them,  one  shilling  eight  pence  ;  and  for  every 
search  or  supervising  of  them,  six  pence  ;  allso, 
for  recording  of  every  will  or  inventory,  or  both, 
which  is  above   the   summ   of  thirty  pounds,   and 


03 

under  the  summ  of  forty  pounds,  two  shillings  six 
pence ;  and  for  every  coppy  of  them,  or  either  of 
them,  fifteene  pence,  and  for  every  search  or  super- 
vising of  them,  foure  pence  ;  allso  for  every  at- 
tachement,  twelve  pence,  and  for  every  bond  or 
recogniscance  in  or  about  the  same,  six  pence  ; 
allso,  for  every  execution  above  five  pounds,  the 
secretary  shall  have  twelve  pence,  and  for  every 
execution  under  five  pounds,  six  pence  5  allso,  for 
the  entry  of  every  or  any  recogniscance  in  courte, 
six  pence,  and  for  the  withdrawing  of  it,  twelve 
pence,  which  shall  bee  paid  before  the  bounden  bee 
freed  from  his  said  recogniscance. 

It  is  allso  ordered,  That  whosoever  shall  take  out 
any  warrant  from  the  secretary  of  the  courte,  that 
concerns  an  action,  shall  before  hee  hath  a  warrant, 
enter  his  action  with  the  secretary,  and  then  take 
out  his  warrant  for  summons  to  answer  the  same, 
for  which  they  shall  pay  for  every  entry,  twelve 
pence,  and  for  every  warrant,  foure  pence,  though 
they  agree  with  theire  defendants  before  the  courte  : 
Allso,  if  any  other  magistrate  shall  graunt  a  war- 
rant, which  concerns  an  action,  they  shall  enter 
the  action  in  a  small  booke  for  that  purpose,  before 
they  graunt  the  warrant,  and  shall  make  a  due  re- 
turne,  at  every  courte,  to  the  secretary  thereof,  what 
such  warrants,  and  to  whome  they  have  graunted, 
and  all  such  persons  shall  bee  as  lyable  to  pay 
twelve  pence  for  every  such  action,  to  the  secretary 
of  the  courte,  as  if  they  should  have  had  theire 
warrants  of  him. 

STRAYES. 

It  is  ordered  hy  this  Courte,  and  authority  thereof ^ 
That  whosoever  shall  take  up  any  straye  beast,  or 


94 

find  any  goods  lost,  whereof  the  owner  is  not 
knowne,  he  shall  give  notice  thereof  to  the  consta- 
ble of  the  same  towne,  within  six  days,  who  shall 
enter  the  same  in  a  booke,  and  take  order  that  it 
bee  cryed  at  theire  next  lecture  day,  or  generall 
meeting  uppon  three  severall  dayes,  and  if  it  bee 
above  twenty  shiUings  value,  at  the  next  markitt, 
or  two  next  townes  pubiique  meetinge,  where  no 
markitt  is  within  ten  miles,  uppon  paine,  that  the 
partye  so  finding,  and  the  said  constable  having  such 
notice,  and  failing  to  doe  as  is  heereby  appointed, 
to  forfeitt  either  of  them,  for  such  default,  one 
thirde  parte  of  the  value  of  such  straye,  or  lost 
goods. 

And  if  the  finder  shall  not  give  notice  as  afore- 
said, within  one  month,  or  if  hee  keepe  it  more  then 
three  months,  and  shall  not  aprize  it  by  sufficient 
men,  and  allso  record  it  with  the  register  of  the 
towne  where  it  is  found,  hee  shall  then  forfeitt  the  full 
value  thereof,  and  if  the  owner  appears  within  one 
yeare  after  such  publication,  hee  shall  have  restitu- 
tion of  the  same,  or  the  value  thereof,  hee  paying 
all  necessary  charges,  and  the  constable  for  his  care 
and  paines,  as  one  of  the  next  magistrates,  or  one 
of  the  townsmen  shall  adjudge  ;  and  if  no  owner 
appeare  within  the  time  prefixed,  the  said  straye  or 
lost  goods  shall  bee  thus  devided,  one  fourth  parle 
thereof  with  his  reasonable  charge,  shall  bee  to 
the  finder ;  one  fifth  parte  thereof,  or  ten  shillings, 
to  the  constable,  at  the  choyce  of  the  courte,  and 
the  rest  to  the  commonwealth  ;  provided  there  bee 
three  streakes  dipt  in  the  haire  of  the  neare  but- 
tock, six  inches  long,  that  they  may  bee  knowne. 


0.5' 
SWYNE. 

It  is  ordered  by  this  courte,  That  all  the  swyne, 
either  hoggs  or  shoates,  in  the  severall  plantations, 
that  are  kept  at  home  within  the  towne,  shall  by 
September  next,  bee  ringed  or  yoaked,  or  kept  up 
in  theire  yards,  under  the  penalty  of  foure  pence 
for  every  such  swyne,  to  bee  paid  by  the  owner,  to 
the  party  that  shall  take  the  swyne  so  defective,  and 
impound  them  ;  allso,  all  such  as  are  kept  by  beards 
in  the  woods,  shall  not  bee  suffered  to  abide  above 
one  nighte,  in  the  towne  ;  but  that  it  shall  bee  law- 
full  to  impound  them,  in  case  they  come  at  any  time 
home,  from  the  middle  of  March  to  the  middle  of 
November.  (Ffairefeild  and  Strattford  desire  to  bee 
included  in  this  order.) 

Ffor  the  better  preserving  corne  and  meadow  on 
the  east  side  of  the  Great  River; 

It  is  ordered  hy  this  courte,  That  there  shall  no 
hoggs  nor  swyne  of  any  sorte  bee  put  over  thither, 
or  kept  there,  at  any  time  after  the  publishing  of 
this  order,  except  they  bee  kept  out  of  the  bounds 
of  the  severall  townes,  or  in  theire  yardes,  under 
the  penalty  of  two  shillings  a  head  for  every  hogg 
or  swyne,  for  every  time  they  shall  bee  found  there^ 
contrary  to  this  order. 

TIMBER. 

It  is  ordered  by  this  courte,  That  no  timber  shall 
bee  felled  within  three  myles  of  the  mouth  of  Mat- 
tabeseck  river,  nor  at  unseasonable  times,  viz.  from 
the  beginning  of  Aprill  to  the  end  of  September^ 


96 


and  that  it  be  improved  into  pipe-staves,  or  some 
other  merchantable  commodity,  within  one  month 
after  the  felling  thereof,  or  carted  together;  and 
that  the  timber  so  inproved,  shall  not  bee  trans- 
ported from  the  river,  but  for  discharge  of  debts, 
or  fetching  in  some  necessary  provision. 

TOBACKO. 

flbrasmuch  as  it  is  observed,  that  many  abuses  are 
crept  in,  and  comitted,  by  freqnent  taking  of  to- 
backo. 

It  is  ordered  hy  the  authority  of  this  Courte,  That 
no  person  under  the  age  of  twenty  one  years,  nor 
any  other,  that  hath  not  already  accustomed  him- 
selfe  to  the  use  thereof,  shall  take  any  tobacko, 
untill  hee  hath  brought  a  certificate  under  the  hands 
of  some  who  are  approved  for  knowledge  and  skill 
in  phisick,  that  it  is  useful!  for  him,  and  allso,  that 
hee  hath  received  a  lycense  from  the  courte,  for 
the  same. — And  for  the  regulating  of  those,  who 
either  by  theire  former  taking  it,  have,  to  theiro 
owne  apprehensions,  made  it  necessary  to  them,  or 
iippon  due  advice,  are  pursuaded  to  the  use  thereof. 

It  is  ordered,  That  no  man  within  this  colonye, 
after  the  publication  hereof,  shall  take  any  tobacko, 
publiquely,  in  the  streett,  highwayes  or  any  barne 
yardes,  or  uppon  training  dayes,  in  any  open  pla- 
ces, under  the  penalty  of  six-pence  for  each  offence 
against  this  order,  in  any  the  perticulars  thereof,  to 
bee  paid  without  gainesaying,  uppon  conviction,  by 
the  testimony  of  one  witness,  that  is  without  just 
exception,  before  any  one  magistrate.  And  the 
constables  in  the  severall  townes,  are  required  to 


"J  7 

make  presentment  to  each  pcrticular  courte,  o( 
such  as  they  doe  understand,  and  can  evict  to  bee 
transgressors  of  this  order. 

TRESSPASSES. 

It  is  orderedhy  this  Courte  and  authority  thereof^ 
That  if  any  horse  or  other  beast,  trespass  in  corne, 
or  other  inclosure,  being  fenced  in  such  sorte  as 
secures  against  cowes,  oxen,  small  calves,  and  such 
hke  orderly  cattle,  the  party  or  parties  tresspassed, 
shall  procure  two  able  men  of  good  reporte  and 
creditt,  to  view  and  adjudge  the  harmes,  which  the 
owner  of  the  beast  shall  satisfie  (when  knowne)  up- 
pon  reasonable  demaund,  whether  the  beast  were 
impounded  or  not;  but  if  the  owner  bee  knowne 
and  neare  residing,  as  in  the  same  towne,  or  the 
like,  notice  shall  bee  left  at  the  usuall  place  of  his 
aboade,  of  the  trespass,  before  an  estimation  bee 
made  thereof,  to  the  end  hee,  or  any  others  ap- 
pointed by  him,  may  bee  present  when  the  judge- 
ment is  made  ;  the  like  notice  allso,  shall  bee  left 
for  him,  of  the  dammage  charged  uppon  him,  that 
if  hee  approve  not  thereof,  hee  may  repaire  to  the 
select  townsmen,  or  some  of  them,  who  shall,  in 
such  case,  nominate  and  appoint  two  able  and  in- 
different men,  to  review  and  adjudge  the  said 
harmes,  which  being  forthwith  discharged,  togeth- 
er with  the  charge  of  the  notice,  former  and  latter 
view,  and  determination  of  damniages,  the  first  judge- 
ment to  bee  void,  or  else  to  stand  in  lawe. 

TREASURER. 

It  is  ordered,  That  the  Treasurer  shall  deliyer  no 
money  out  of  his  hands,  to  any  person,  without  the 


98 

Lands  of  two  magistrates,  if  the  summ  bee  above 
twenty  shillings  ;  if  it  bee  under,  then  the  Treas- 
urer is  to  accept  of  the  hand  of  one  ;  but  if  it  bee 
for  the  payment  of  some  bills  to  bee  allowed,  which 
are  referred  to  some  comittees  to  consider  of, 
whether  allowed  or  not,  that  such  bills  as  they  al- 
lowe  and  sett  their  hands  unto,  the  Treasurer  shall 
accept  and  give  satisfaction. 

VOATES.  ^ 

//  is  ordered  hy  this  Courte,  and  decreed,  That  if 
any  person  within  these  liberties,  have  beene  or 
shall  bee  fyned  or  whipped  for  any  scandalous  of- 
fence, hee  shall  not  bee  admitted,  after  such  time, 
to  have  any  voate  in  towne  or  commonwealth,  nor 
to  serve  on  the  jury,  untill  the  courte  shall  manifest 
theire  satisfaction. 

VERDICTS. 

That  love  and  peace,  with  truth  and  righteousnes 
may  continue  and  flourish  in  these  confederated 
colonyes. 

It  was  uppon  the  recommendation  of  the  com- 
missioners, ordered,  that  any  verdict  or  sentence  of 
any  courte  within  the  colonyes,  presented  under 
authentique  testimony,  shall  have  a  due  respect  in 
the  severall  courtes  of  this  jurisdiction,  where 
there  may  be  occasion  to  make  use  thereof;  and 
shall  bee  accounted  good  evidence  for  the  partye, 
untill  better  evidence,  or  other  just  cause  appeare, 
to  alter,  or  make  the  same  voide ;  and  that  in  such 
case,  the  issuing  of  the  cause  in  question,  bee  re 
spited  for  some  convenient  time,  that  the  courte 


91) 

may  be  advised  with,  where  the  verdict  or  sen- 
.tence  first  passed  ;  provided  notwithstanding,  that 
this  order  shall  bee  accounted  valid,  and  improved 
onely  for  the  advantage  of  such  as  live  within  some 
of  the  confcfidcrated  colonyes,  and  where  the  ver- 
dicts in  the  courts  of  this  colony,  may  receive  re- 
ciprocal! respect  by  a  like  order  established  by  the 
Generall  courte  of  that  colonye. 

WYNE  AND  STRONG  WATER. 

Whereas  many  complaints  are  brought  into  the 
courte,  by  reason  of  diverse  abuses  that  fall  out 
by  severall  persons  that  sell  wyne  and  strong 
water,  as  well  in  vessels  on  the  river,  as  allso  in 
several!  bowses,  for  the  preventing  hereof, 


It  is  now  ordered  by  the  authority  of  this  Courte^ 
That  no  person  or  persons,  after  the  publishing  of  this 
order,  shall  neither  sell  wyne  nor  strong  water,  by 
retaile,  in  any  place  within  these  libberties,  with- 
out license  from  the  perticular  court  or  any  two  ma- 
gistrates, or  vvhere  there  is  but  one  magistrate,  by 
a  magistrate  and  one  of  those  appointed  to  order  the 
affaires  of  the  towne. 

WWTCHES. 

//  is  ordered  by  this  Courte,  and  decreed,  That 
there  shall  bee  a  suflkient  watch  meinteined  in  ev- 
ery towne,  and  that  the  constable  of  each  towne 
shall  duely  warne  the  same,  and  see  that  the  inhab- 
itants or  residents,  doe  severally  in  (heire  turnes, 
observe  the  same,  according  as  the  inhabitants  doe 
agree;  And  this  courte  doth  explaine  themselves, 
and  order,  that  whosoever  within  this  iurissdiction, 


100 

that  is  lyable  to  watch,  shall  take  a  journeye  out 
of  the  towne  wherein  hee  liveth,  after  he  hath  had 
timely  notice  and  warninge  to  watch,  hee  shall 
provide  a  watchman  for  that  turne,  though  him< 
selfe  bee  absent;  and  if  any  man  that  takes  a  joiu- 
nye,  or  goes  out  of  the  towne  wherein  hee  liveth, 
if  hee  returne  home  within  a  weeke  after  the 
watch  is  past  his  howse,  hee  shall  be  called  back 
to  watch  that  turne,  past  a  weeke  before. 

And  for  the  better  keeping  watches  and  wardes, 
by  the  constables,  in  time  of  peace, 

It  is  ordered  hy  this  Conrte,  and  authority  thereof, 
That  every  constable  shall  present  to  one  of  the 
next  magistrates,  the  name  of  every  person,  who 
shall  uppon  lawfull  warning,  refuse  or  neglect  to 
watch  or  ward,  either  in  person,  or  some  other, 
fitt  for  that  service ;  and  if  being  convented,  hee 
cannott  give  a  just  excuse,  such  magistrate  shall 
graunt  warrant  to  levye  five  shillings  on  every 
such  offender,  for  every  such  default,  the  same 
to  bee  imployed  for  the  use  of  the  watch  of  the 
same  towne ;  and  it  is  the  intent  of  the  lawe, 
that  every  person  of  able  body  (not  exempted 
by  lawe)  or  of  estate  to  hire  another,  shall  bee 
lyable  to  watch  and  warde,  or  to  supplye  it  by 
some  other,  when  they  shall  bee  thereunto  re- 
quired ;  and  if  there  bee,  in  the  same  howse,  di- 
verse such  persons,  whether  sonnes,  servants  or 
sojourners,  they  shall  all  be  compellable  to  watch, 
as  aforesaid ;  provided,  that  all  such  as  keepe 
families  at  theire  farmes,  being  remoate  from  any 
towne,  shall  not  be  compellable  to  send  theire 
servants  or  sonnes  from  their  farmes,  to  watch 
and  warde  in  the  townes. 


101 

WOLVES. 

Whereas  great  loss  and  dammage  doth  befall  this 
Commonwealth,  by  reason  of  wolves,  which  de- 
stroy great  numbers  of  our  cattle,  notwithstanding 
provision  formerly  made  by  this  courte  for  supres- 
singof  them;  therefore,  for  the  better  incourage- 
mentof  any  to  sett  about  a  worke  of  so  great  con- 
cernement, 

//  is  ordered  by  this  Courte^  and  authority  thereof. 
That  any  person,  either  English  or  indian,  that  shall 
kill  any  wolfe  or  wolves,  within  ten  myles  of  any 
plantation  within  this  jurissdiction,  shall  have  for 
every  wolfe  by  him  or  them  so  killed,  ten  shillings 
paid  out  of  the  Treasurye  of  the  country ;  provid- 
ed, that  due  proofe  be  made  thereof,  unto  the  plan- 
tation next  adjoining  where  such  wolfe  or  wolves 
were  killed;  and  allso,  bring  a  certificate  under 
some  magistrates  hand,  or  the  constable  of  that 
place,  unto  the  Treasurer. 

WRECKS  OF  THE  SEA. 

It  is  ordered  and  decreed^  and  by  this  court  declar- 
ed, That  if  any  shipps  or  other  vessells,  bee  it  ffreind 
or  enemye,  shall  suffer  shipwreck  upon  our  coasts, 
there  shall  be  no  violence  or  wrong  offered  to 
theire  persons  or  goods,  but  theire  persons  shall  be 
harboured  and  releived,  and  theire  goods  preserved 
in  safety,  till  authority  may  bee  certified,  and  shall 
take  further  order  therein. 
9* 


lOi 


VESSELLS. 


It  is  ordered  hy  this  Courte,  and  authority  thereof. 
That  no  vessell  nor  boat,  shall  have  libberty  to  goe 
from  any  porte  in  any  towne  within  this  jurissdic- 
tion,  before  they  have  entred  with  the  register  or 
recorder,  in  each  towne,  what  quantity  of  powder 
and  shott  they  carry  forth  with  them  in  theire  said 
,  vcssells,  and  shall  take  a  certificate  under  the  said 
registers  or  recorders  hand,  of  the  same,  paying  to 
him  for  every  certificate,  four  pence  ;  and  if  any 
vessell  shall  attempt  to  goe  from  the  said  towne  or 
porte,  or  townes  and  portes,  before  hee  hath  entred 
as  aforesaid,  or  shall  be  found  with  any  more  or 
greater  quantity  of  powder  and  shott,  aboard  the 
vessell  or  vessells,  then  they  had  a  certificate  to 
shew  they  had  entred,  shrJl  forfeit  and  pay  for 
each  default,  the  true  value  of  all  such  powder  and 
shott  as  they  should  have  entred  as  aforesaid  :  And 
all  such  persons,  or  masters  of  such  vessells,  shall 
give  a  true  account  uppon  theire  return,  to  the  said 
recorder,  where  they  have  entered  the  premises, 
how  they  have  disposed  thereof,  uppon  the  former 
penalty :  And  if  the  said  towne  register,  or  record- 
er, shall  have  just  cause  to  conceive  that  hee  or 
they  carry  forth  more  of  the  premises,  then  in  an 
ordinary  way,  is  requisite  for  their  necessary  de-, 
fence  and  safety  in  theire  intended  voyage,  then  the 
said  persons  oi  masters  of  vessells,  shall  give  in  se- 
curity unto  the  said  recorder,  if  by  him  required 
thereunto,,  that  hee  shall  give  a  due  account  to  this 
commonwealth,  of  the  same,  uppon  his  returne. 


NEW-HAVEN  ANTIQUITIES. 


OR 


EXTRACTED  FROM  THE  ANCIENT  RECORDS  OP  NEW- 
HAVEN. 


Jt  a  Court  held  at  New-Haven^  A,  D»  1643. 

Andrew  Low,  jun.  for  breaking  into  Mr.  Ling's 
house,  where  he  brake  open  a  cupboard  and  took 
from  thence  some  Strong  Water,*  and  6d.  in  mon- 
ey, and  ransackt  the  house  from  roome  to  roome, 
and  left  open  the  doors,  for  which  fact  being  com- 
mitted to  prison  brake  forth  and  escaped,  and  still 
remains  horrible  obstinate  and  rebellious  against 
his  parents,  and  incorrigible  under  all  the  means 
that  have  been  used  to  reclaim  him.  Whereupon 
it  was  ordered  that  he  shall  be  as  severely  whipt  as 
the  rule  will  bare,  and  work  with  his  father  as  a 
prisoner  with  a  lock  upon  his  leg  so  that  he  may 
not  escape. 

December  3j,  1651. 

It  was  propounded  that  some  safer  way  might  be 
found  out  to  Connecticote,  that  the  danger  of  the 
East  River  may  be  avoyded.     The  new  waye  was 

'*■  Ruvi. 


104 

desired  to  be  viewed  again,  as  William  Bradley  of- 
fered to  lend  his  cannow  to  lie  in  the  East  River,  if" 
the  town  will  find  ropes  to  draw  it  to  and  agayne. 

.^t  a  Court,  held  May  1,  1660. 

Jacob  M.  Murline  and  Sarab  Tuttle  being  called 
appeared,  concerning  whom  the  Governor  declar- 
ed, that  the  business  for  which  they  were  warned 
to  this  court  he  had  heard  in  private  at  his  house, 
which  he  related  to  stand  thus. 

On  the  day  that  John  Potter  was  married  Sarah 
Tuttle  went  to  Mistress  Murline's  house  for  some 
thredd,  Mistress  Murline  bid  her  go  to  her  daugh- 
ters in  the  other  roome,  where  they  felle  into 
speeche  of  John  Potter  and  his  wife,  that  they  were 
both  lame,  upon  which  Sarah  Tuttle  said,  that  she 
wondered  what  they  would  do  at  night.  Whereup- 
on Jacob  came  in,  and  tooke  up  or  tooke  away  her 
gloves.  Sarah  desired  him  to  give  her  the  gloves, 
to  which  he  answered  he  would  do  so  if  she  would 
give  him  a  kysse,  upon  which  they  sat  down  togeth- 
er, his  arme  being  about  her  waiste,  and  her  arme 
upon  his  shoulder  or  about  his  necke,  and /le  kys- 
sed  her  and  she  kyssed  him,  or  they  kyssed  onean- 
other,  continuing  in  this  posture  about  half  an  hour, 
as  Marian  and  Susan  testitied,  which  Marian,  now 
in  court,  affirmed  to  be  so. 

Mistress  Murline,  now  in  court  said  that  she 
heard  Sarah  say  she  wondered  what  they  would  do 
at  night,  and  shee  replyed  they  must  sleep ;  but  it 
was  matter  of  sorrow  and  shame  unto  her. 

Jacob  was  asked  what  he  had  to  say  to  these 
things,  to  which  he  answered  that  he  was  in  the  oth- 
er roome,  and  when  he  heard  Sarah  speak  those 
words,  he  went  in,  when  shee  having  let  fall  her 


105 

gloves  he  topke  them  up  and  she  asked  him  for 
them,  he  told  her  he  would  if  she  would  kysse  him. 
Further  said  hee  tooke  her  by  the  hand,  and  they 
both  sat  down  upon  a  chest,  but  whether  his  arme 
were  about  her  waiste,  and  her  arm  upon  his  shoul- 
der or  about  his  neck,  he  knows  not,  for  he  never 
thought  of  it  since,  till  Mr.  Raymond  told  him  of  it 
at  Mannatos  for  which  he  was  blamed  and  told  he 
had  not  layde  it  to  heart  as  he  ought.  But  Sarah 
Tuttle  replied  that  shee  did  not  kysse  him.  Mr. 
Tuttle  replied  that  Marian  hath  denied  it,  and  he 
doth  not  looke  upon  her  as  a  competent  witness. 
Thomas  Tuttle  said  that  he  asked  Marian  if  his  sis- 
ter kyssed  Jacob,  and  she  said  not.  Moses  Mans- 
field testified  that  he  told  Jacob  Murline  that  he 
heard  Sarah  kyssed  him,  but  he  denied  it.  But  Ja- 
cob graunted  not  what  Moses  testified. 

Mr.  Tuttle  pleaded  that  Jacob  had  endeavoured 
to  steal  away  his  daughter's  affections.  But  Sarah 
being  asked  if  Jacob  had  inveagled  her,  she  said 
no.  Thomas  Tuttle  said  that  he  came  to  their 
house  two  or  three  times  before  he  went  to  Hol- 
land, and  they  two  were  together,  and  to  what  end 
he  came  he  knows  not,  unless  it  were  to  inveagle 
her.  And  their  mother  warned  Sarah  not  to  keep 
company  with  him.  And  to  the  same  purpose 
spake  Jonathan  Tuttle.  But  Jacob  denied  that  he 
came  to  their  house  with  any  such  intendment,  nor  did 
it  appeare  so  to  the  court. 

The  Governor  told  Sarah  that  her  miscarriage  is 
the  greatest,  that  a  virgin  should  be  so  bold  in  the 
presence  of  others  to  carry  it  as  she  had  done,  and 
to  speake  suche  corrupt  words,  most  of  the  things 
charged  against  her  being  acknowledged  by  herself, 
though  that  about  kyssirg  is  denied,  yet  the  thing 
is  prooved.     Sarah  professed  that  she  was  sorry  that 


1U6 

sliee  had  carried  it  so  sinfully  and  foolishly,  which 
she  saw  to  be  hateful.  She  hoped  GOD  would 
help  her  to  carry  it  better  for  time  to  come. 

The  Governor  allso  told  Jacob  that  his  carriage 
hath  been  very  evil  and  sinful  so  to  carry  it  towards 
her,  and  to  make  such  a  light  matter  of  it  as  not  to 
think  of  it,  (as  he  exprest,)  doth  greatly  aggravate, 
and  for  Marian,  who  was  a  married  woman,  to  suf- 
fer her  brother  and  a  man's  daughter,  to  sit  almost 
half  an  hour  in  such  a  way  as  they  have  related  was 
a  very  great  evil.  She  was  told  that  she  should 
have  showed  her  indignation  against  it,  and  have 
told  her  mother,  that  Sarah  might  have  been  shut 
out  of  doors.  Mrs.  Murline  was  told  that  she,  hear- 
ing such  words,  should  not  have  suffered  it.  Mrs. 
Tuttle  and  Mrs.  Murline  being  asked  if  they  had  any 
more  to  say  they  said  no. 

Whereuppon  the  court  declared,  that  we  have 
heard  in  the  Publique  Ministry  that  it  is  a  thing  to 
he  lamented,  that  young  people  should  have  their 
meetings  to  the  corrupting  of  themselves  and  one 
another.  As  for  Sarah  Tuttle  her  miscarriages  are 
very  great,  that  she  should  utter  so  corrupt  a 
speeche  as  she  did  concerning  the  persons  to  be 
married,  and  that  she  should  carry  it  in  such  a  wan- 
ton, uncivil,  immodest  and  lascivious  manner  as 
hath  been  proved.  And  for  Jacob  his  carriage  hath 
been  very  corrupt  and  sinful,  such  as  brings  reproach 
upon  the  family  and  place. 

The  sentence  therefore  concerning  them  is,  that 
they  shall  pay  either  of  them  as  a  fine  20s.  to  the 
Treasurer. 


lo: 

A  Court  holden  3d  Kovember,    J  639. 

It  is  ordered,  that  Mr.  Hopkins  shall  have  two 
hogsheads  of  hme  for  his  present  use,  and  as  much 
more  as  will  finish  his  house  as  he  now  intends  itt, 
he  thinking  that  two  hogsheads  more  will  serve. 

It  is  ordered,  that  a  meeting-house  shall  be  built 
forthwith,  fifty  foote  square ;  and  that  the  carpenters 
shall  fall  timber  where  they  can  tinde  it  till  allot- 
ment be  layed  ont,  and  men  know  ther  own  pro- 
prietyes. 

It  is  ordered,  that  Mr.  Gregson  and  Mr.  Evance 
shall  have  fower  daycs  liberty  after  this  day  to 
square  their  timber,  before  the  former  order  shall 
take  hold  of  them. 

It  is  ordered,  that  Mr.  Eaton,  Mr.  Davenport, 
Robt.  Newnan,  Matthew  Gilbert,  Capt.  Turner 
and  Thomas  Fflugill  shall  rom  hence  forward  have 
the  disposing  of  all  the  ho/  -e  lotts,  yett  undisposed 
of,  about  this  towne,  to  s{  :h  persons  as  they  shall 
judge  meetc  for  the  good  of  the  plantation ;  and 
thatt  none  shall  come  to  dwell  as  planters  here 
without  their  consent  and  j>.llowance,  whether  they 
come  in  by  purchase  or  otherwise. 

It  is  ordered,  that  every  one  thatt  beares  amies 
shall  be  compleatly  furnished  with  armes,  (viz)  a 
muskett,  a  sword,  vandaleers,  a  rest,  a  pound  of 
powder;  20  bullets  fitted  to  their  muskett,  or  4 
pound  of  pistoll  shott,  or  swan  shott  att  least,  and 
be  ready  to  show  them  in  the  market  place  upon 
Monday  the  6th  of  this  moncth,  before  Captaine 
Turner  and  Lieutenant  Seeley,  under  the  penalty  of 
20s  fine  for  every  default  or  absence. 

A  Court  huldenthe  Ath  of  December,  1639. 

It  is  ordered  that  Thomas  Saule  shall  agree  with 
Goodman  Spinnage  before  the  next  Court,  or  else 


108 

the  Court  will  determine   the  difference  between 
them. 

Roger  Duhurst  and  James  Stewart  are  enjoyneb 
to  make  double  restitution  to  John  Cockerill  for 
five  pound  and  seventeen  shillings,  which  they  stole 
out  of  his  chist  on  the  Lords  day  in  the  meeting 
time,  and  they  being  servants  to  the  said  Cockerill,  ,- 
for  which  aggravation  they  were  whipped  also. 

Thomas  Manchester,  servent  to  Mr.  Perry,  being 
accused  by  his  master  for  being  drunk,  and  for  giv- 
ing his  master  uncomely  language,  for  which  his 
master  having  given  him  some  correction,  the 
Court  (only )  caused  him  to  be  sett  in  the  stocks  for 
a  certain  time. 

Nicholas  Tamer,  servant  to  the  said  Mr.  Perry, 
for  drunkenness  and  abusing  his  master  in  words, 
was  whipped. 

A  General  Court  4th  of  January^  1639. 

It  is  agreed  by  the  towne,  and  accordingly  order- 
ed by  the  Courte,  that  the  Neck  shall  be  planted 
or  sown  for  the  term  of  seven  years,  and  that  John 
Brockett  shall  goe  about  laying  it  out,  for  which, 
and  all  differences  betwixt  party  and  party  about 
ground  formerly  broke  up  and  planted  by  English 
there,  shall  be  arbitrated  by  indifferent  men,  which 
shall  be  chosen  to  that  end. 

It  is  ordered,  that  some  speedy  course  shall  be 
taken  to  keep  hogs  out  of  the  neck. 

It  is  ordered,  that  a  convenient  way  to  the  Hay- 
place  be  left  comon  for  all  the  towne. 

It  is  ordered,  that  no  cattell  belonging  to  this 
towne  shall  goe  without  a  keeper  after  the  first  of 
May  nex^ 


109 

■■» 
A  General  Court,  bth  February,  1639. 

It  18  ordered,  thatt  brother  Andrews,  bro.  Kini- 
berly,  Wm.  Enos  and  Sergeant  Beckley  shall  assist 
Mr.  Ling  to  ripen  Goodman  Tap's  business  against 
the  next  Courte,  concerning  bis  demands  of  certain 
nionyes  which  he  disbursed  for  bringing  cattell  from 
the  Bay,  appertaining  to  divers  persons. 

It  is  ordered,  that  brother  Andrews  shall  detaine 
so  much  of  Robt.  Campion,  his  wages  in  his  hands. 
as  may  secure  a  debt  of  3/6  which  Mr.  Moulend  de- 
maunds  of  the  said  Robt. 

It  is  ordered,  that  Mr.  Moulend  shall  pay  to  Mr- 
Perry  205  wiiich  he  owes  to  him. 

It  is  ordered,  that  Mr.  Wilkee  shall  pay  5  bushells 
and  a  halfe  of  Indian  corneto  Thomas  Buckingham,, 
for  corne  destroyed  by  Mr.  Wilks  his  hogs. 

Isaiah,  Captaine  Turner's  man,,  lined  5/6  ibr  be- 
ing drunk  on  the  Lords  day. 

Wm.  Bromfield  Mr.  Malbon's  man  was  sett  in  the 
stocks  for  prophaning  the  Lord's  day  and  stealing 
wine  from  his  master,  which  he  drunk  and  gave  to 
others. 

Ellice,  Mr.  Eaton's  boy,  was  whipped  for  steaUng 
a  sow  and  a  goate  from  his  master,  and  selling  them. 

Dav^  Anderson  was  whipped  for  being  drunke. 

John  Fenner,  accused  for  being  drunke  with 
strong  waters,  was  acquitted,  itt  appearing  to  be 
of  infirmity,  and  occasioned  by  the  extremity  of  the 
cold. 

Mr.  Moulend  accused  of  being  drunke,  but  nott 
clearly  proved,  was  respited. 

Peter  Browne,  Licensed  to  bake  to  sell,  so  long 
as  he  gives  no  offence  in  it  justly. 

IZth  February,  1639. 

John  Charles  forbidden  to  draw  wine,  because 
'^ere  hath  been  much  disorder  by  itt. 

10  ^ 


no 

Goodman  Leone  was  whipped  and  sent  out  of 
the  plantation,  being  not  onelj  a  disorderly  person 
himselfe,  butt  an  incourager  of  others  to  disorderly 
drinking  meetings. 

George  Spencer  bqing  prophane  and  disorderly 
in  his  whole  conversation,  and  an  abettor  of  others 
to  sin,  and  drawing  on  others  in  to  a  conspericie  to 
carry  away  the  Cock  to  Virgenia,  was  whipped  and 
sent  out  of  the  plantation. 

John  Proute,  Hen.  Brasierand  William  Brom- 
field  was  whipped  for  joyning  in  the  aforesaid  con- 
spericie, and  the  said  Hen.  and  Wm.  were  ordered 
to  weare  irons  during  the  magistrate-s  pleasure. 

^4  Cuurte  holden  the  1st  of  July,   JG40. 

Thomas    Parsons   and    John servants  to 

Eiias  Parkmore,  were  whipped  for  their  sinfu  11  dal 
liance  and  folly  with  Lydia  Browne 

bth  August,  1640. 

It  is  ordered,  that  none  in  this  plantatione  shall  ei 
ther  sell  or  lett  a  lott  to  any  stranger,  for  years,  with 
out  allowance  from  the  Courte. 

It  is  ordered  thatt  att  this,  day,  every  yeare  all 
the  Ram  Goates  in  the  towne  shall  either  be  side 
stringed,  or  some  other  Course  taken  with  them  so 
as  they  cannot  Ram  the  Ewes  till  the  fittest  season. 

A  Court  held  at  KcwHaxen  the  3d  of  the  1th  mouthy 
1642. 

Matthew  Willson  for  killing  a  dog  of  Mr.  Perry's, 
willfully  and  disorderly,  fined  20^  for  his  disorder, 
and  ordered  to  pay  20^  damage  to  Mr  Perry,  which 
40s  Edward  Chipperfield  undertooke  to  see  pay'd 
by  the  last  of  September  next. 

JohnLobell  the  Miller,  for  sinfull  dalhance  with 
a  little  wench  of  Goodman  Halls,  was  whipped. 


Ill 

Qth  month,   1642. 
It  is  ordered,  thatt  whosoever  findes  any  things 
thatt  are   Lost  shall  deliver  them  to  the  Marshall, 
to  be  kept  safe  till  the  owners  challenge  thenn. 

Jiew-Haven,  ^nd  November,   1C42. 

Jeruas  Bojkin  is  ordered  to  pay  unto  George 
Badcockc  the  sum  of  20^  for  taking  his  cannow 
without  leave. 

It  is  ordered,  thatt  those  who  have  their  fTarmcs 
att  the  River,  Called  stony  River,  shall  have  Liber- 
ty to  make  a  sluice  in  the  River  for  their  owne  con- 
venience. 

1th  December,  1642. 
Fforasmuch  as  John  Owen  hath  had  some  damage 
done  in  his  come  by  hogs,  occasioned  through  the 
neglect  of  Mr.  Lamberton,  John  Bud  and  Will  Pres- 
ton, in  not  makeing  up  their  fence  in  season,  It  is 
therefore  ordered,  thatt  the  said  Mr.  Lamberton, 
John  Bud  and  Will  Preston  shall  make  Satisfaction 
to  tlie  said  John  Owen,  for  the  damage  done ;  (viz.) 
Eight  days  worke  and  two  Pecks  of  Corne,  which 
is  to  be  payd  according  to  the  several  apportions  of 
ifence  unset  up  rcs[»ectively. 

^stof  1st  month,  1643. 

John  Lawrence  and  Valentine,  servants  to  Mr. , 
Malbon,  for  Imbczilling  their  masters  Goods,  and 
keeping  disorderly  night  Meetings  with  Will  Hard- 
ing, a  Lewd  and  disorderly  person,  plotting  with 
him  to  carry  their  master's  daughters  to  the  farmes 
in  the  night,  concealing  divers  uncleane  lilthy  dal- 
liances: all  which  they  confessed  and  was  whip- 
ped. 


112 

Ruth  Acie,  a  Covenant  servant  to  Mr.  Malbon, 
for  stubornes,  lyeing,  stealing  from  her  Mrs.  and 
yeilding  to  tilthy  dalliance  with  Will  Harding,  was 
whipped. 

Martha  Malbon,  for  consenting  to  goe  in  the 
night  to  the  farmes  with  Will  Harding,  to  a  venison 
feast,  for  stealing  things  from  her  parents,  and  yield- 
ing to  filthy  dalliance  with  the  said  Harding,  was 
whipped. 

Goodman  Hunt  and  his  Wife,  for  keepeing  the 
Councells  of  the  said  William  Harding,  Bakeing 
him  a  Pastry  and  Plum  Cakes,  and  keeping  Compa- 
ny with  him  on  (he  Lord's  day,  and  she  suffering 
Harding  to  kisse  her,  they  being  onely  admitted  to 
sojourn  in  this  Plantation  upon  their  good  behav- 
ior, was  ordered  to  be  sent  out  of  this  towne  with 
in  one  moneth  after  the  date  hereof;  yea,  in  a  shor- 
ter time ;  if  any  raiscarryage  be  found  in  them. 

At  a  Court  held   at  Kew-Haven,  September  2,  A,  D, 
1662. 

Edmund  Dorman,  plaintiff,  entered  an  action  of 
slaunder  or  defamation  asrainst  Jeremiah  Johnson, 
defendant.  The  plaintiff  infoniied  against  him 
tl);it  he  had  heard  that  J.  Johnson  had  reported  at 
John  Olvarde's  house,  that  he  heard  Do.rman  at 
prayer  in  a  swamp  for  a  wife,  and  being  asked  by- 
John  Olvarde  who  the  person  was,  he  answered  that 
it  was  his  mare.  And  there  was  other  circumstan- 
ces of  scoffing,  &c. 

The  defendant  was  asked  whether  he  grauntcd 
the  thing  or  denied.  Tlie  defendant  desired  proof 
and  that  the  witnesses  might  speake  apart.  John 
Olvarde  was  first  called,  who  testified  that  Johnson 
being  at  his  house,  he  heard  him  say,  that  he  heard 
Kdmund  Dorman  at  prayer  in  a  swamp,  (by  John 


113 

Downes's,;  for  a  wife;  and  say<ie,  -Lord  thou 
knowest  my  ncccssilic  and  cnnst  snpplie  it.  Lord 
bend  and  bow  her  wille.  and  make  her  sensible  of 
mv  condition  or  necessitie.'  He  a«ked  Jeremiah 
who  it  was  :  he  answered  it  may  be  Jiis  mare,  that 
she  might  be  made  servissal)le.  John  Olvardc 
being  asked  when  it  was,  he  said  it  was  since  har- 
vest. 

Stephen  Bradley  being  called  also  testified  i\\e 
same  thing.  The  defendant  heing  asked  what  he 
had  to  say  for  himself,  said  he  thought  Bradley  did 
it  out  of  revenge.  But  he  was  told  he  must  prove 
him  a  false  person  upon  record,  or  perjured,  or  that 
he  doth  it  out  of  revenge  at  this  time.  The  de- 
fendant further  said  he  did  expect  some  other  per. 
sons  that  was  present  at  John  Olvarde's  would  have 
been  here,  therefore  did  refuse  to  make  his  defence 
further  at  this  time;  and  desired  that  the  witnesses 
might  not  be  sworn. 

Then  Jeremiah  was  told  that  it  is  a  fearUil  thing 
to  come  to  that  height  of  sin,  as  to  sit  in  (he  seat 
of  the  scorner.  Therefore  the  court  told  him  they 
should  defer  this  business,  and  warned  him  to  at- 
tend the  next  particular  court  to  give  answer  here- 
unto. 

December  3(1,  1651. 

Will  Harding  being  convicted  of  a  great  deal  of 
base  carriage  with  divers  yonge  girls,  together  with 
enticing  and  corrupting  divers  men  servants  in  tills 
plantation,  haunting  with  them  at  night-meetings 
and  juncketings,  <S;c.  was  sentenced  to  he  severely 
whipped,  and  tined  5/.  to  3Ir.  ^lalbone,  and  5/-  to 
Will  Andrews  whose  famylyes  and  daughters  he 
hath  so  much  wronged,  and  presently  to  depart  the 
plantation,  and  not  to  retourne  under  the  penalty 
of  severer  punishment. 

10* 


114 

.  1642.  Samuel  Hoskins  and  Elizabeth  Cleverly 
being  desirous  to  join  together  in  the  state  of  mar- 
riage, and  not  being  able  to  make  proof  of  their 
parent's  consent,  but  seeing  they  both  affirm  they 
liave  the  consent  of  their  parents,  and  withall 
having  entered  into  contract,  and  sinfully  and  wick- 
edly made  themselves  both  unfit  for  any  other,  and 
for  which  they  have  both  received  Publique  cor- 
rection, upon  these  considerations  granted  them 
liberty  to  marry. 

1643.  Margaret  Bedforde  l)cing  convicted  of 
divers  miscarriages,  was  severely  whipped,  and  or- 
dered to  be  married  to  Nicholas  Jennings  with  whom 
slie  hath  been  naught. 


The  foil  owing  is  the  most  and  entire  cord  of  the  Colo- 
ny of  Ncio-Haven^  and  is  a  curiosity  in  the  history 
of  civil  gov ernmerd.,  * 

THE  4th  day  of  the  4th  moiieth,  called  June,  1639,  all  the 
free  planters  asseinhied  together  in  agereral  nieetinge,  to 
coijsult  about  settling  civil  government  according  to 
GOD,  and  about  the  nomination  of  persons  that  may  be 
found  by  consent  of  all  fittest  in  all  respects  for  the  foun- 
dation work  of  a  Church  which  was  intended  to  be  gather- 
ed in  Qninipieck.  After  sollemne  invocation  of  the  name 
of  GOD  in  prayer,  for  the  presence  and  help  of  his  spirit 
and  grace  in  these  weighty  businesses,  they  were  rennn- 
ded  of  the  business  whereabout  they  met  (viz)  for  the  es 
tablishment  of  such  civil  order  as  might  be  most  pleasing 
unto  GOD,  and  for  the  chusing  the  fittest  men  for  the 
foundation  work  of  a  church  to  he  gathered.  For  the 
better  enabling  them  to  discerne  the  minde  of  GOD,  and 
to  agree  accordingly  concerning  the  establishment  of  civil 
order,  Mr.  John  Davenport  propounded  divers  queries 
them,  publickiy  praying  them  to  consider  seriously  in 


J  1.5 

the  presence  and  fcarc  of  GOD  the  weigljt  of  the  business 
they  met  about,  and  not  to  be  rash  or  sleight  in  giving  their 
votes  to  things  they  undcn-stood  not,  l)ut  to  digest  fully  and 
thoroughly  what  should  be  propounded  unto  them,  and 
without  respect  to  men,  as  they  should  be  satisfied  and 
perswaded  in  their  own  minds  to  give  their  answers  in 
such  sort  as  they  would  be  willing  they  should  stand  upon 
record  for  posterity. 

This  being  earnestly  expressed  by  jMr.  Davenport,  Mr. 
Robert  Newman  was  intreaied  to  write  in  charracters 
and  to  read  distinctly  and  audibly  in  the  hearing  of  all 
the  people,  what  was  propoujided  and  accorded  on,  that 
it  might  appear  that  all  consented  to  matters  propounded 
according  to  words  written  by  him. 

Quiere  1.  ^Vhether  the  Scriptures  doe  holde  fourth  a 
perfect  rule  for  the  direction  and  government  of  all  men 
in  all.  duteyes  which  they  are  to  perform  to  GOD  and 
men  as  well  in  the  government  of  tamylyes  and  common- 
wealths as  in  matters  of  the  church  ? 

This  was  assented  unto  by  all,  no  man  dissenting,  as  was 
expressed  by  holding  up  of  hands.  Afterwards  it  was 
read  over  to  them,  that  they  might  eee  in  what  wordes 
their  vote  was  expressed  :  they  againe  expressed  their 
consent  thereto  by  holding  up  their  hands,  no  man  dis- 
senting. 

Qujere  2,  Whereas  there  was  a  covenant  sollemnely 
made  by  the  whole  assembly  of  free  planters  of  this  plan- 
tation, the  first  day  of  extraordinary  humiliation  that  we 
had  after  we  came  together,  that  as  in  matters  that  con- 
cern the  gatijoring  a!ul  ordering  of  a  church,  so  likewise 
in  all  [)ubii(iiie  offices,  whi(;h  concern  civil  order,  as 
choyce  of  iiiu;;istrates  and  otRcers^makinir  and  repealing 
of  laws,  divideing  allotments  of  inheritances,  and  all 
things  of  like  nature  we  would  all  of  us  be  ordered  by 
those  rules  whicli  the  scripture  holds  torth  to  us.  This 
covenant  was  called  a  piantatioTi  covenant  to  distinirnish 
it  from  a  church  covenant,  which  could  not  at  that  time 
be  made,  a  church  not  being  then  gathered,  but  was  de- 
ferred till  a  chup'h  might  be  gathered  accoiding  to  GOD. 
It  was  demanded  whether  all  the  free  planters  doe  holde 
themselves  bound  by  that  coveiiant  in  all  business  of  that 
nature  which  are  expressed  in  the  covenant,  to  submit 
themselves  to  be  ordered  by  the  rules  which  are  held 
forth  in  the  scripture. 


TIC 

This  also  was  assented  unto  by  all,  and  no  man  gain- 
saied  it,  and  they  did  testify  the  same  by  holding  up  their 
handes,  both  when  it  was  first  propounded,  and  af- 
terwards confirmed  the  same  by  hokling'  up  their 
hands  when  it  was  read  unto  them  in  publ'jque.  John 
Clark  being  absent  when  the  covenant  was  made  doth 
now  manifest  his  consent  to  it.  Also  Richard  Beach,  An- 
drew Low,  Goodman  Bamster,  Arthur  Halbidge,  John 
Potter,  Richard  Hill,  John  Brockett,  and  John  Johnson, 
these  persons  being  not  admitted  planters  when  the  cove- 
nant was  made  dotii  now  expresse  their  consent  to  it. 

Q,ua3re  3.  Those  who  have  desired  to  be  received  as 
free  planters  and  are  settled  in  the  plantation  with  a  pur- 
posed resolution  and  desire  that  they  may  be  admitted 
into  church  tellowship,  according  to  Christ,  as  soon  as 
GOD  shall  fitt  them  thereunto,  were  desired  to  express© 
it  by  holding  up  of  hands,  accordingly  all  did  express 
this  to  be  their  desire,  and  purpose  by  holding  up  then 
bands  twice,  (viz)  both  at  the  proposal  of  it,  and  aftei 
when  these  written  words  were  read  unto  them. 

Quaere  4.  All  the  free  planters  were  called  upon  to 
express  whether  they  ht^i  1  themselves  bound  to  establish 
«uch  civil  order  as  miglit  best  conduce  to  the  securing 
the  piirity  and  peace  of  the  ordinances  to  themselves  and 
their  posterity,  according  to  GOD.  In  answer  hereunto 
they  expressed  by  holding  up  their  hands  tAvice  as  before. 
Tbat  they  helde  themselves  bound  to  establish  such  civil 
order  as  might  best  conduce  to  the  ends  aforesaid. 

Then  Mr.  Davenport  declared  unto  them  by  the  scrip- 
tures what  kind  of  persons  might  best  be  trusted  with 
matters  of  government,  and  by  sundry  arguments  from 
scripture  proved  that  such  as  were  described  Ex.  18.  1. 
Deut.  ].  13.  with  Deut.  19.  15.  and  1  Cor.  6.  1  to  7,  ought 
to  be  entrusted  by  them,  seeing  they  were  free  to  cast 
themselves  into  that  mould  and  forme  of  commonwealth 
which  appeareth  best  for  them  in  reference  to  the  secure- 
ing  the  pure  and  peaceable  enjoyment  of  all  Christ  his 
ordinonces  in  the  church  according  to  GOD,  whereunto 
they  have  bound  themselves  as  hath  been  acknowledged. 
Having  said  this  he  sat  down,  praying  the  company  free- 
ly to  consider  whether  they  would  have  it  voted  at  this 
time  or  not.  After  some  space  of  silence  Mr.  Theophilus 
"EBton  answered  it  might  be  voted,  and  some  others  also 


.117 

spake  to'the  same  purpose,  none  at  ali  opposing  it.  Then 
it  was  propounded  to  vote. 

Quaere  5.  Whether  free  Burgesses  shall  be  chosen  out 
of  Church  members,  they  that  are  in  the  foundation  work 
of  the  chuch  being  actually  free  burgesses,  and  to  chuse 
to  themselves  out  of  the  like  estate  of  church  fellowship, 
and  the  power  of  chusing  magistrates  and  officers  from 
among  themselves  and  the  power  of  making  and  repeal- 
ing laws  according  to  the  word,  and  the  dividing  of  inhe- 
ritances, and  the  deciding  differences  that  may  arise,  and 
all  the  businesses  of  like  nature  are  to  be  transacted  by 
those  free  burgesses. 

This,  (viz.  Quaere  5.)  was  put  to  vote,  and  agreed  unto  by 
the  hfting  up  of  hands  twice,  as  in  the  former  cases  it  was 
done.  Tiien  one  man  stood  up  after  the  vote  was  past, 
and  expressing  his  dissenting  from  the  rest,  in  that  yet 
granting,  1.  That  magistrates  should  be  men  fearing 
GOD,  2.  That  the  Church  is  the  company  whence  ordi- 
narily such  men  may  be  expected.  3.  That  they  that 
chuse  them  ought  to  be  men  fearing  GOD,  onelye  at  this 
be  stucke.  That  free  planters  ought  not  to  ^ive  the  power 
out  of  their  hands. 

Another  stood  up  and  answered  that  in  this  case  nothing 
was  done  but  with  their  consent.  The  former  answered 
that  all  the  free  planters  ought  to  resume  this  power  into 
their  own  hands  aafain  if  things  were  not  orderly  carried. 
Mr.  Theophilus  Eaton  answered  that  in  all  places  they 
chuse  committees.  In  like  manner  the  company  s  of  Lon- 
don chuse  the  liverys  by  whom  the  publique  magistrates 
are  chosen.  In  tliis  the  rest  are  not  wronged  :  because 
they  expect  to  be  of  the  livery  themsf^lves,  and  to  have  the 
same  power.  Some  otiiers  intreated  the  former  to  give 
his  arguments  and  reasons  whereupon  he  dissented.  He 
refused  [o  doe  it,  and  said  they  might  not  rationally  de- 
rriaimd  it,  seeing  he  let  tlie  vote  pass  on  freely,  and  did 
not  speak  till  after  it  was  past  because  he  would  not  hin- 
der what  they  agreed  upon.  Then  Mr.  Daven[)ort,  after 
a  short  relation  of  some  former  passages  between  them 
two  about  this  question,  prayed  the  company  that  no- 
thing might  be  concluded  jjy  them  in  this  weighty 
question  but  what  themselves  were  persuaded  to  be  agree- 
ing with  the  minde  of  GOD,  and  they  had  heard  what 
had  been  sayd  since  the  vote,  intreated  them  agayne  to 


consider  of  it  and  ngayiie  to  put  it  to  vote  as  before". 
Agayne  all  of  iheiii,  by  liolding  up  their  hands,  did  shew 
their  consent  as  before.  And  some  of  them  professed, 
that  whereas  they  did  waver  before  they  came  to  the 
assembly,  they  were  now  fully  cojivinced,'  that  it  is  the 
minde  of  GOD.  One  of  them  said  that  in  the  morning 
before  he  came,  reading  Deuteronomy  17.  1.5.  he  was  con- 
vinced at  home.  Another  said  that  he  came  doubting  to 
the  assembly,  but  he  blessed  GOD,  by  what  had  beene  said 
he  was  now  fully  satisfied  that  the  clioyce  of  burgesses 
out  of  Church  members  and  to  intrust  these  with  the 
power  before  spoken  of,  is  according  to  the  minde  of 
(lOD  revealed  in  the  scripture.  All  having  spoken  their 
"apprehensions  it  was  agreed  upon,  and  3Ir.  Robert  New- 
man was  desired  to  write  it  as  an  order  whereunto  every 
one  that  hereafter  should  be  admitted  here  as  planters 
should  submit,  and  testify  the  same  by  subscribing  their 
names  to  the  order,    namely, 

That  Church  T^Tembers  only  shall  be  free  Burgesses, 
and  that  they  only  shall  chuse  magistrates  and  officers 
among  themselves^  to  have  the  power  of  transacting  all 
publique  civil  affairs  of  this  plantation,  of  making  and 
repealing  laws,  devideing  of  inheritances,  deciding  Oi 
differences  that  may  arise,  and  doing  all  things  or  busi- 
nesses of  like  nature. 

This  being  settled  as  a  fundamental  artircle  concerning 
civil  government,  3Ir.  Davenport  j>ropounded  and  pro- 
posed some  things  to  consideration  aboute  the  gatheringe 
of  a  Church.  And  to  {)revent  the  blemishing  of  the  first 
beginnings  of  the  worke.  He  advised  that  the  names  oi 
such  as  were  to  be  admitted  might  be  pubhquely  pro-, 
pounded,  to  the  end  that  they  who  were  most  approved 
might  be  chosen  ;  for  the  town  being  cast  into  several 
private  meetings  wherein  they  that  dwelt  nearest  together 
gave  their  accounts  one  to  another  of  GOD's  gracious 
work  upon  them,  and  prayed  together,  and  conferred  to 
their  mutual  edification,  sundry  of  them  had  knowledge 
one  of  another,  and  in  every  meeting  some  one  was  more 
approved  of  all  tlian  any  other, — For  this  reason,  and  to 
prevent  scandalls,  the  whole  company  was  intreated  to 
consider  whom  they  found  fittest  to  nominate  for  this 
worke. 

Quraee  6.  Whether  are  you  all  willing  and  do  agree 
in  this,  that  twelve  men  be  chosen,  that  their  fitness  for 


119 

t]»e  tuiiiitlalion  >vork  may  be  trieti,  lio\ve\er  ibere  may  be 
more  named,  yet  it  may  be  in  their  ])ower  who  are  chosen 
to  reduce  them  to  twelve  and  it  be  in  the  power  of 
those  twelve  to  chuse  out  of  themselves  7,  that  shall  be 
most  approved  of  the  major  jjart  to  Ix^irin  the  church. 

This  was  agreed  upon  by  consent  of  all,  as  was  expres- 
sed by  holding  up  of  hands,  and  that  so  many  as  should 
bo  tliought  tit  for  the  foundation  work  of  a  church  shall 
be  propounded  by  the  plantation  and  written  down,  and 
passe  without  exception,  unlesse  they  had  given  public 
f^randal  or  offence,  yet  so  as  in  case  of  ])nb]ique  scandall 
and  offence,  every  one  shoidd  have  liberty  to  propound 
their  excejitions  at  tjiat  time  ])ubli(jue]y  against  any  man 
that  should  be  nonjinated  when  all  tlio,  names  should  be 
writ  down,  but  if  the  offence  were  ])rivaie,  that  men's 
names  might  be  tendered,  so  many  as  were  offended, 
were  intreated  to  deal  with  the  offender  privately.  And 
if  he  gave  not  satisfaction  to  bring  the  matter  to  the 
twelve  that  they  might  consider  of  it  impartially  and  in 
the  feare  of  GOD.  The  names  of  the  persons  named  and 
agreed  upon  were  ]Mr  T.  Eaton,  Mr.  J.  Davenport,  Ro- 
bert Newman,  Matthew  Gibb,  Richard  Malthie,  Nathaniel 
Turner,  Thomas  Fugill,  John  Punderson,  WiUiam  An- 
drews, John  Dixon.  'No  exception  was  I'rought  against 
any  of  these  in  public,  except  one  about  taking  an  exces- 
sive rate  for  meal  that  he  had  sold  to  one  of  Pequonnock 
in  his  neede,  which  he  confessed  with  grief,  and  declared 
that  having  been  smitten  in  heart,  und  troubled  in  Jiia 
conscience,  he  offered  such  a  part  of  the  price  back  again, 
with  confession  of  liis  sin  to  tlie  party,  as  he  thought  him- 
self bound  to  do.  And  it  being  feared  that  the  report  of 
the  sin  was  heard  further  than  the  report  of  his  satisfao 
tion  a  course  was  concluded  on  to  n:iake  the  satistaction, 
to  as  many  as  heard  of  the  sin.  It  was  also  agreed  upon 
at  tlie  said  meetinge,  that  if  the  persons  above  named 
did  find  tliemselves  straitened  jn  the  number  of  tit  men 
for  the  7,  that  it  shouM  be  free  for  them  to  take  into  tryal 
of  fitnesse  sucii  other  as  they  should  ihink  meete.  Pro- 
vided that  it  should  be  sigjiihed  to  the  town  upon  the 
Lonl's  day  who  they  so  take  in  tliat  every  man  may  bo 
satisfied  of  tliem,  according  to  the  course  formerly  taken. 

[The  foregoing  was  subscribed  and  signed  by  one  bun- 
eleven  persons.]         ^ 


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